Florida Senate - 2012                                    SB 1866
       
       
       
       By Senator Latvala
       
       
       
       
       16-00874C-12                                          20121866__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 20.23, F.S.; deleting obsolete provisions;
    4         authorizing the department to maintain training
    5         programs for employees; authorizing incremental
    6         increases to base salary for successful completion of
    7         training phases; amending s. 206.41, F.S.; revising
    8         the definition of the term “agricultural and
    9         aquacultural purposes” for the purpose of obtaining a
   10         refund of the state motor fuel tax; amending s.
   11         282.0041, F.S.; revising the definition of the term
   12         “agency” under part I of ch. 282, F.S., to exclude the
   13         Office of Toll Operations of the Florida Turnpike
   14         Enterprise; amending s. 282.0055, F.S.; exempting the
   15         Office of Toll Operations and the Florida Turnpike
   16         Enterprise from state information technology
   17         management efforts; amending s. 282.201, F.S.;
   18         removing the department’s toll offices from the
   19         schedule for consolidating agency data centers during
   20         the 2014-2015 fiscal year; providing a directive to
   21         the Division of Statutory Revision; amending s.
   22         311.07, F.S.; increasing funding for the Florida
   23         Seaport Transportation and Economic Development
   24         Program; requiring the program’s council to develop
   25         guidelines for program funding; revising the list of
   26         projects eligible for program funding; deleting a cap
   27         on distribution of program funds to eligible ports;
   28         amending s. 311.09, F.S.; revising the rule criteria
   29         for evaluating a potential Florida Seaport
   30         Transportation and Economic Development Council
   31         project; deleting provisions relating to project
   32         review by the Department of Community Affairs;
   33         requiring projects to be consistent with the Statewide
   34         Seaport and Waterways System Plan; revising the
   35         criteria used by the Departments of Transportation and
   36         Economic Opportunity to review project applications
   37         approved by the council; increasing the amount of
   38         funding the Department of Transportation is required
   39         to include in its annual legislative budget request
   40         for the Florida Seaport Transportation and Economic
   41         Development grant program; creating s. 311.10, F.S.;
   42         establishing the Strategic Port Investment Initiative
   43         within the department; providing annual funding from
   44         the State Transportation Trust Fund; directing the
   45         department to work with deepwater ports to develop and
   46         maintain a specified priority list of strategic
   47         investment projects; providing project selection
   48         criteria; requiring the department to schedule a
   49         publicly noticed workshop with the Department of
   50         Economic Opportunity and the deepwater ports to review
   51         proposed projects; directing the department to include
   52         seaport projects proposed for funding in the tentative
   53         work program; excluding project funding from the
   54         requirement that a minimum of 15 percent of state
   55         revenues deposited into the State Transportation Fund
   56         be committed to specified public transportation
   57         projects; creating s. 311.101, F.S.; establishing the
   58         Intermodal Logistics Center Infrastructure Support
   59         Program within the department to fund projects
   60         conveying or shipping goods through a seaport;
   61         defining the term “intermodal logistics center”;
   62         providing project criteria; providing for funding;
   63         authorizing the department to adopt rules; amending s.
   64         311.14, F.S.; directing the department to develop a
   65         Statewide Seaport and Waterways System Plan; deleting
   66         provisions relating to the development and integration
   67         of freight mobility and trade corridor plans; amending
   68         s. 311.22, F.S.; conforming a cross-reference;
   69         amending s. 316.003, F.S.; revising the definition of
   70         the term “motor vehicle” for purposes of the payment
   71         of tolls; amending s. 316.091, F.S.; revising
   72         provisions relating to prohibitions against operating
   73         a human-operated vehicle on a limited access highway;
   74         requiring the department to establish a pilot program
   75         to open certain limited access highways and bridges to
   76         bicycles and other human-powered vehicles; providing
   77         requirements for the program; requiring a report;
   78         amending s. 316.1001, F.S.; revising provisions
   79         relating to mailing citations for failing to pay a
   80         toll; amending s. 316.2122, F.S.; deleting a cross
   81         reference; amending s. 316.515, F.S.; revising
   82         provisions related to the maximum allowed length of
   83         straight truck-trailer combinations; revising
   84         provisions relating to farm equipment; amending s.
   85         318.12, F.S.; conforming provisions to changes made by
   86         the act; amending s. 320.01, F.S.; revising the
   87         definition of the term “low-speed vehicle”; amending
   88         s. 320.20, F.S.; conforming provisions to changes made
   89         by the act; reordering and amending s. 334.03, F.S.;
   90         revising definitions for purposes of the Florida
   91         Transportation Code; amending s. 334.044, F.S.;
   92         revising the powers and duties of the department
   93         relating to jurisdictional responsibility, the
   94         designation of facilities, and highway landscaping,
   95         and adding a duty to develop freight mobility and
   96         trade plans; amending s. 334.047, F.S.; deleting a
   97         prohibition preventing the department from
   98         establishing a maximum number of miles of urban
   99         principal arterial roads; amending s. 335.02, F.S.;
  100         revising references to conform to the incorporation of
  101         the Florida Intrastate Highway System into the
  102         Strategic Intermodal System; amending s. 335.074,
  103         F.S.; requiring the governmental entity having
  104         maintenance responsibility for a bridge to reduce the
  105         maximum limits for the bridge in accordance with a
  106         bridge inspection report and post such limits as
  107         specified; requiring the governmental entity to
  108         immediately close a bridge if recommended in the
  109         report; amending s. 335.17, F.S., relating to highway
  110         construction noise abatement; clarifying project
  111         eligibility provisions governing noise abatement;
  112         updating a reference to a federal regulation; amending
  113         ss. 336.021 and 336.025, F.S.; revising the date for
  114         levying certain fuel taxes; amending s. 337.11, F.S.;
  115         revising the department’s advertising requirements for
  116         bids on certain construction contracts; amending s.
  117         337.111, F.S.; providing additional forms of security
  118         for the cost of removing or modifying monuments or
  119         memorials at highway rest areas; amending s. 337.125,
  120         F.S.; revising provisions relating to the submission
  121         of information documenting that a subcontract is with
  122         a disadvantaged business enterprise; repealing s.
  123         337.137, F.S., relating to subcontract limitations by
  124         socially and economically disadvantaged business
  125         enterprises; amending s. 337.139, F.S.; updating a
  126         reference to federal law as it relates to encouraging
  127         the award of contracts to socially and economically
  128         disadvantaged business enterprises; amending s.
  129         337.14, F.S.; specifying when an application for
  130         qualification to bid on a department contract is
  131         timely; authorizing certain applicants to submit
  132         reviewed annual or reviewed interim financial
  133         statements accompanied by the opinion of a certified
  134         public accountant; amending ss. 337.403 and 337.404,
  135         F.S.; clarifying provisions relating to responsibility
  136         for the work and costs for alleviating interference on
  137         a public road or publicly owned rail corridor caused
  138         by a utility facility; requiring the utility owner to
  139         initiate and complete the work necessary within a
  140         certain time period; providing for notice to the
  141         utility; revising provisions for payment of costs;
  142         revising provisions for completion of work when the
  143         utility owner does not perform the work; amending s.
  144         337.408, F.S.; revising provisions for certain
  145         facilities installed within the right-of-way limits of
  146         a road; requiring counties and municipalities to
  147         indemnify the department from certain claims relating
  148         to the installation, removal, or relocation of a
  149         noncompliant bench or shelter; authorizing the
  150         department to remove or relocate a noncompliant
  151         installation and charge the cost to the county or
  152         municipality; removing a provision for the replacement
  153         of an unusable transit bus bench that was in service
  154         before a certain date; providing a directive to the
  155         Division of Statutory Revision; repealing s. 338.001,
  156         F.S., relating to the Florida Intrastate Highway
  157         System Plan; amending s. 338.01, F.S.; clarifying
  158         provisions governing the designation and function of
  159         limited access facilities established by the
  160         department; creating s. 338.151, F.S.; authorizing the
  161         department to establish tolls on certain
  162         transportation facilities to pay for the cost of such
  163         project; amending s. 338.155, F.S.; authorizing the
  164         department to allow the use of certain toll facilities
  165         by certain vehicles without paying the tolls under
  166         certain circumstances; amending s. 338.166, F.S.;
  167         removing a location restriction on the issuing of
  168         bonds secured by toll revenues; restricting the use of
  169         remaining tolls revenues to the county or counties in
  170         which the revenues were collected or to support
  171         express bus service on the facility where the toll
  172         revenues were collected; amending s. 338.221, F.S.;
  173         revising the definition of the term “economically
  174         feasible” for purposes of proposed turnpike projects;
  175         amending s. 338.223, F.S.; revising a provision
  176         relating to department requests for legislative
  177         approval of proposed turnpike projects; conforming a
  178         cross-reference; amending s. 338.227, F.S.; replacing
  179         a reference to the Florida Intrastate Highway System
  180         Plan with a reference to the Strategic Intermodal
  181         System Plan; amending ss. 338.2275 and 338.228, F.S.;
  182         conforming cross-references; amending s. 338.231,
  183         F.S.; authorizing the department to assess an
  184         administrative fee as an account maintenance charge
  185         for inactive prepaid toll accounts; amending s.
  186         338.234, F.S.; replacing a reference to the Florida
  187         Intrastate Highway System with a reference to the
  188         Strategic Intermodal System; amending s. 339.0805,
  189         F.S.; revising provisions relating to the
  190         certification of socially and economically
  191         disadvantaged individuals; deleting provisions
  192         requiring a periodic disparity study; deleting
  193         obsolete provisions; revising the timeframe for
  194         notifying the department of any change in ownership of
  195         a qualifying individual or individuals; conforming
  196         provisions to changes made by the act; updating
  197         references to federal law; amending s. 339.135, F.S.;
  198         providing a cross-reference; revising threshold
  199         amounts for the review of amendments to the
  200         department’s adopted work program; directing the
  201         department to index the budget amendment threshold
  202         amounts as specified; amending s. 339.155, F.S.;
  203         providing a cross-reference to federally required
  204         transportation planning factors; clarifying and
  205         revising provisions relating to the Florida
  206         Transportation Plan; deleting duplicative performance
  207         reporting requirements; amending s. 339.175, F.S.;
  208         revising provisions relating to representatives of the
  209         department who serve as nonvoting advisers to a
  210         metropolitan planning organization; requiring
  211         metropolitan planning organizations in urbanized areas
  212         containing more than one metropolitan planning
  213         organization to adopt a single list of project
  214         priorities; amending s. 339.2819, F.S.; conforming
  215         cross-references; revising the state matching funds
  216         requirement for the Transportation Regional Incentive
  217         Program; amending s. 339.285, F.S.; conforming a
  218         cross-reference; amending s. 339.62, F.S.; replacing a
  219         reference to the Florida Intrastate Highway System
  220         with a reference to highway corridors; revising the
  221         facility component types; amending s. 339.63, F.S.;
  222         adding military access facilities to the types of
  223         facilities included in the Strategic Intermodal System
  224         and the Emerging Strategic Intermodal System; amending
  225         s. 339.64, F.S.; deleting provisions creating the
  226         Statewide Intermodal Transportation Advisory Council;
  227         creating s. 339.65, F.S.; requiring the department to
  228         plan and develop Strategic Intermodal System highway
  229         corridors to aid traffic movement; specifying
  230         components of the system; requiring the department to
  231         follow specified policy guidelines when developing the
  232         corridors; requiring the department to develop a plan
  233         for corridor projects; specifying an appropriation
  234         amount for developing the corridor; requiring
  235         strategic highway projects to be a part of the
  236         department’s adopted work program; amending s.
  237         341.053, F.S.; replacing a reference to the Florida
  238         Intrastate Highway System with a reference to the
  239         Strategic Intermodal System; amending s. 341.840,
  240         F.S., relating to tax exemptions in connection with
  241         the high-speed rail system; replacing obsolete
  242         references to the “authority” with references to the
  243         “department”; amending s. 343.52, F.S.; revising the
  244         definition of the term “area served” to remove the
  245         authority of the South Florida Regional Transportation
  246         Authority to expand the area; amending s. 343.53,
  247         F.S.; revising the membership of the board of the
  248         authority; amending s. 349.04, F.S.; authorizing the
  249         Jacksonville Transportation Authority to conduct
  250         public meetings and workshops by means of media
  251         technology; amending s. 373.413, F.S.; providing
  252         legislative intent regarding flexibility in permitting
  253         stormwater management systems serving state
  254         transportation projects; requiring the cost of
  255         stormwater treatment for a transportation project to
  256         be balanced with benefits to the public; absolving the
  257         department of responsibility for the abatement of
  258         pollutants entering its stormwater facilities from
  259         offsite sources and from updating permits for adjacent
  260         lands impacted by right-of-way acquisition;
  261         authorizing the water management districts and the
  262         Department of Environmental Protection to adopt rules;
  263         amending s. 373.4137, F.S.; revising mitigation
  264         requirements for transportation projects to include
  265         other mitigation options; providing for the release of
  266         escrowed mitigation funds under certain circumstances;
  267         clarifying responsibility for mitigation projects as
  268         specified; providing for the exclusion of projects
  269         from a mitigation plan upon the election of one or
  270         more agencies; amending s. 403.7211, F.S.; conforming
  271         provisions to changes made by the act; repealing s.
  272         479.28, F.S., relating to a rest area information or
  273         device program within the department; authorizing the
  274         department to seek Federal Highway Administration
  275         approval of a tourist-oriented commerce sign pilot
  276         program and submit the approved program for
  277         legislative approval; providing for a review by the
  278         Pinellas Suncoast Transit Authority and the
  279         Hillsborough Area Regional Transit Authority to
  280         consider and identify opportunities and greater
  281         efficiency and service improvements for increasing
  282         connectivity between each authority; requiring a
  283         report to the Legislature; requiring the Tampa Bay
  284         Area Regional Transportation Authority to provide
  285         assistance; providing an effective date.
  286  
  287  Be It Enacted by the Legislature of the State of Florida:
  288  
  289         Section 1. Paragraph (b) of subsection (5) of section
  290  20.23, Florida Statutes, is amended, and subsection (7) is added
  291  to that section, to read:
  292         20.23 Department of Transportation.—There is created a
  293  Department of Transportation which shall be a decentralized
  294  agency.
  295         (5)
  296         (b) Each district secretary may appoint up to three
  297  district directors or, until July 1, 2005, each district
  298  secretary may appoint up to four district directors. These
  299  positions are exempt from part II of chapter 110.
  300         (7) The department may maintain training programs for
  301  department employees and prospective employees in order to
  302  provide:
  303         (a) Broad practical expertise in the field of
  304  transportation engineering leading to licensure as a
  305  professional engineer for those employees who are graduates from
  306  an approved engineering curriculum of 4 years or more in a
  307  school, college, or university approved by the Board of
  308  Professional Engineers.
  309         (b) Broad practical experience and enhanced knowledge in
  310  the areas of right-of-way acquisition, right-of-way property
  311  management, real estate appraisal, and business valuation.
  312  
  313  The training programs may provide for incremental increases to
  314  base salary for all employees enrolled in the programs who
  315  successfully complete training phases.
  316  
  317         Section 2. Paragraph (c) of subsection (4) of section
  318  206.41, Florida Statutes, is amended to read:
  319         206.41 State taxes imposed on motor fuel.—
  320         (4)
  321         (c)1. Any person who uses any motor fuel for agricultural,
  322  aquacultural, commercial fishing, or commercial aviation
  323  purposes on which fuel the tax imposed by paragraph (1)(e),
  324  paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
  325  to a refund of such tax.
  326         2. As used in For the purposes of this paragraph, the term
  327  “agricultural and aquacultural purposes” means motor fuel used
  328  in any tractor, vehicle, or other farm equipment that which is
  329  used exclusively on a farm or for processing farm products on
  330  the farm, and no part of which fuel is used in any vehicle or
  331  equipment driven or operated upon the public highways of this
  332  state. This restriction does not apply to the movement of a farm
  333  vehicle, or farm equipment, citrus harvesting equipment, or
  334  citrus fruit loaders between farms. The transporting of bees by
  335  water and the operating of equipment used in the apiary of a
  336  beekeeper are shall be also deemed an agricultural purpose.
  337         3. As used in For the purposes of this paragraph, the term
  338  “commercial fishing and aquacultural purposes” means motor fuel
  339  used in the operation of boats, vessels, or equipment used
  340  exclusively for the taking of fish, crayfish, oysters, shrimp,
  341  or sponges from salt or fresh waters under the jurisdiction of
  342  the state for resale to the public, and no part of which fuel is
  343  used in any vehicle or equipment driven or operated upon the
  344  highways of this state; however, the term does not may in no way
  345  be construed to include fuel used for sport or pleasure fishing.
  346         4. As used in For the purposes of this paragraph, the term
  347  “commercial aviation purposes” means motor fuel used in the
  348  operation of aviation ground support vehicles or equipment, no
  349  part of which fuel is used in any vehicle or equipment driven or
  350  operated upon the public highways of this state.
  351         Section 3. Subsection (1) of section 282.0041, Florida
  352  Statutes, is amended to read:
  353         282.0041 Definitions.—As used in this chapter, the term:
  354         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  355  except that for purposes of this chapter, “agency” does not
  356  include university boards of trustees, or state universities, or
  357  the Office of Toll Operations of the Florida Turnpike
  358  Enterprise.
  359         Section 4. Section 282.0055, Florida Statutes, is amended
  360  to read:
  361         282.0055 Assignment of information technology.—In order to
  362  ensure the most effective and efficient use of the state’s
  363  information technology and information technology resources and
  364  notwithstanding any other provisions of law to the contrary,
  365  policies for the design, planning, project management, and
  366  implementation of enterprise information technology services is
  367  shall be the responsibility of the Agency for Enterprise
  368  Information Technology for executive branch agencies created or
  369  authorized by law in statute to perform legislatively delegated
  370  functions. The supervision, design, delivery, and management of
  371  agency information technology remains shall remain within the
  372  responsibility and control of the individual state agency.
  373  Notwithstanding any other provision of law, information
  374  technology used in the Department of Transportation’s Office of
  375  Toll Operations or the Florida Turnpike Enterprise is exempt
  376  from this part.
  377         Section 5. Paragraph (h) of subsection (4) of section
  378  282.201, Florida Statutes, is amended to read:
  379         282.201 State data center system; agency duties and
  380  limitations.—A state data center system that includes all
  381  primary data centers, other nonprimary data centers, and
  382  computing facilities, and that provides an enterprise
  383  information technology service as defined in s. 282.0041, is
  384  established.
  385         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  386         (h) During the 2014-2015 fiscal year, the following
  387  agencies shall work with the Agency for Enterprise Information
  388  Technology to begin preliminary planning for consolidation into
  389  a primary data center:
  390         1. The Department of Health’s Jacksonville Lab Data Center.
  391         2. The Department of Transportation’s district offices,
  392  toll offices, and the District Materials Office.
  393         3. The Department of Military Affairs’ Camp Blanding Joint
  394  Training Center in Starke.
  395         4. The Department of Community Affairs’ Camp Blanding
  396  Emergency Operations Center in Starke.
  397         5. The Department of Education’s Division of Blind Services
  398  disaster recovery site in Daytona Beach.
  399         6. The Department of Education’s disaster recovery site at
  400  Santa Fe College.
  401         7. The Department of the Lottery’s Disaster Recovery Backup
  402  Data Center in Orlando.
  403         8. The Fish and Wildlife Conservation Commission’s Fish and
  404  Wildlife Research Institute in St. Petersburg.
  405         9. The Department of Children and Family Services’ Suncoast
  406  Data Center in Tampa.
  407         10. The Department of Children and Family Services’ Florida
  408  State Hospital in Chattahoochee.
  409         Section 6. The Division of Statutory Revision is requested
  410  to rename chapter 311, Florida Statutes, as “Seaport Facilities
  411  and Programs.”
  412         Section 7. Section 311.07, Florida Statutes, is amended to
  413  read:
  414         311.07 Florida seaport transportation and economic
  415  development funding.—
  416         (1) There is created the Florida Seaport Transportation and
  417  Economic Development (FSTED) Program within the Department of
  418  Transportation to finance port transportation or port facilities
  419  projects that will improve the movement and intermodal
  420  transportation of cargo or passengers in commerce and trade and
  421  that will support the interests, purposes, and requirements of
  422  all ports listed in s. 311.09(1) located in this state.
  423         (2) A minimum of $15 $8 million per year shall be made
  424  available from the State Transportation Trust Fund to fund the
  425  FSTED Florida Seaport Transportation and Economic Development
  426  Program. The Florida Seaport Transportation and Economic
  427  Development Council created in s. 311.09 shall develop
  428  guidelines for the use of project funding. Council staff, the
  429  Department of Transportation, and the Department of Economic
  430  Opportunity shall work cooperatively to review projects and
  431  allocate funds in accordance with the schedule for including
  432  projects in the Department of Transportation’s tentative work
  433  program developed pursuant to s. 339.135(4).
  434         (3)(a) FSTED Program funds shall be used to fund approved
  435  projects on a 50-50 matching basis with a any of the deepwater
  436  port ports, as listed in s. 311.09(1) 403.021(9)(b), which is
  437  governed by a public body or any other deepwater port which is
  438  governed by a public body and which comply complies with the
  439  water quality provisions of s. 403.061, the comprehensive master
  440  plan requirements of s. 163.3178(2)(k), and the local financial
  441  management and reporting provisions of part III of chapter 218.
  442  However, program funds used to fund projects that involve the
  443  rehabilitation of wharves, docks, berths, bulkheads, or similar
  444  structures shall require a 25-percent match of funds. Program
  445  funds also may be used by the Seaport Transportation and
  446  Economic Development Council for data and analysis to develop
  447  trade data information products which will assist the state’s
  448  Florida’s seaports and international trade.
  449         (b) Projects eligible for funding by grants under the
  450  program are limited to the following port facilities or port
  451  transportation projects:
  452         1. Transportation facilities within the jurisdiction of the
  453  port.
  454         2. The dredging or deepening of channels, turning basins,
  455  or harbors.
  456         3. The construction or rehabilitation of wharves, docks,
  457  structures, jetties, piers, storage facilities, cruise
  458  terminals, automated people mover systems, or any facilities
  459  necessary or useful in connection with any of the foregoing.
  460         4. The acquisition of vessel tracking systems, container
  461  cranes, or other mechanized equipment used in the movement of
  462  cargo or passengers in international commerce.
  463         5. The acquisition of land to be used for port purposes.
  464         6. The acquisition, improvement, enlargement, or extension
  465  of existing port facilities.
  466         7. Environmental protection projects that which are
  467  necessary because of requirements imposed by a state agency as a
  468  condition of a permit or other form of state approval; which are
  469  necessary for environmental mitigation required as a condition
  470  of a state, federal, or local environmental permit; which are
  471  necessary for the acquisition of spoil disposal sites and
  472  improvements to existing and future spoil sites; or which result
  473  from the funding of eligible projects listed in this paragraph.
  474         8. Transportation facilities as defined in s. 334.03(31)
  475  which are not otherwise part of the Department of
  476  Transportation’s adopted work program.
  477         9. Seaport Intermodal access projects identified in the 5
  478  year Florida Seaport Mission Plan as provided in s. 311.09(3).
  479         10. Construction or rehabilitation of port facilities as
  480  defined in s. 315.02, excluding any park or recreational
  481  facilities, in ports listed in s. 311.09(1) which have with
  482  operating revenues of $5 million or less, if provided that such
  483  projects create economic development opportunities, capital
  484  improvements, and positive financial returns to such ports.
  485         11. Seaport master plan or strategic plan development or
  486  updates, including the purchase of data to support such plans.
  487         (c) To be eligible for consideration by the council
  488  pursuant to this section, a project must be consistent with the
  489  port comprehensive master plan that which is incorporated as
  490  part of the approved local government comprehensive plan as
  491  required by s. 163.3178(2)(k) or other provisions of the
  492  Community Planning Act, part II of chapter 163.
  493         (4) A port eligible for matching funds under the program
  494  may receive a distribution of not more than $7 million during
  495  any 1 calendar year and a distribution of not more than $30
  496  million during any 5-calendar-year period.
  497         (4)(5) Any port that which receives funding under the
  498  program must shall institute procedures to ensure that jobs
  499  created as a result of the state funding are shall be subject to
  500  equal opportunity hiring practices in the manner provided in s.
  501  110.112.
  502         (5)(6) The Department of Transportation may shall subject
  503  any project that receives funds pursuant to this section and s.
  504  320.20 to a final audit. The department may adopt rules and
  505  perform such other acts as are necessary or convenient to ensure
  506  that the final audits are conducted and that any deficiency or
  507  questioned costs noted by the audit are resolved.
  508         Section 8. Subsections (1) and (4) through (13) of section
  509  311.09, Florida Statutes, are amended to read:
  510         311.09 Florida Seaport Transportation and Economic
  511  Development Council.—
  512         (1) The Florida Seaport Transportation and Economic
  513  Development (FSTED) Council is created within the Department of
  514  Transportation. The council consists of the following 17 18
  515  members: the port director, or the port director’s designee, of
  516  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  517  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  518  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  519  West, and Fernandina; the secretary of the Department of
  520  Transportation or his or her designee; and the director of the
  521  Department of Economic Opportunity or his or her designee.
  522         (4) The council shall adopt rules for evaluating projects
  523  that which may be funded under ss. 311.07 and 320.20. The rules
  524  must shall provide criteria for evaluating the potential
  525  project, including, but not limited to, consistency with
  526  appropriate plans, economic benefit, readiness for construction,
  527  noncompetition with other Florida ports, and capacity within the
  528  seaport system economic benefit of the project, measured by the
  529  potential for the proposed project to maintain or increase cargo
  530  flow, cruise passenger movement, international commerce, port
  531  revenues, and the number of jobs for the port’s local community.
  532         (5) The council shall review and approve or disapprove each
  533  project eligible to be funded pursuant to the FSTED Florida
  534  Seaport Transportation and Economic Development Program. The
  535  council shall annually submit to the Secretary of Transportation
  536  and the executive director of the Department of Economic
  537  Opportunity, or his or her designee, a list of projects that
  538  which have been approved by the council. The list must shall
  539  specify the recommended funding level for each project; and, if
  540  staged implementation of the project is appropriate, the funding
  541  requirements for each stage must shall be specified.
  542         (6) The Department of Community Affairs shall review the
  543  list of projects approved by the council to determine
  544  consistency with approved local government comprehensive plans
  545  of the units of local government in which the port is located
  546  and consistency with the port master plan. The Department of
  547  Community Affairs shall identify and notify the council of those
  548  projects which are not consistent, to the maximum extent
  549  feasible, with such comprehensive plans and port master plans.
  550         (6)(7) The Department of Transportation shall review the
  551  list of project applications projects approved by the council
  552  for consistency with the Florida Transportation Plan, the
  553  Statewide Seaport and Waterways System Plan, and the
  554  department’s adopted work program. In evaluating the consistency
  555  of a project, the department shall assess the transportation
  556  impacts and economic benefits for each project determine whether
  557  the transportation impact of the proposed project is adequately
  558  handled by existing state-owned transportation facilities or by
  559  the construction of additional state-owned transportation
  560  facilities as identified in the Florida Transportation Plan and
  561  the department’s adopted work program. In reviewing for
  562  consistency a transportation facility project as defined in s.
  563  334.03(31) which is not otherwise part of the department’s work
  564  program, the department shall evaluate whether the project is
  565  needed to provide for projected movement of cargo or passengers
  566  from the port to a state transportation facility or local road.
  567  If the project is needed to provide for projected movement of
  568  cargo or passengers, the project shall be approved for
  569  consistency as a consideration to facilitate the economic
  570  development and growth of the state in a timely manner. The
  571  Department of Transportation shall identify those projects that
  572  which are inconsistent with the Florida Transportation Plan, the
  573  Statewide Seaport and Waterways System Plan, or and the adopted
  574  work program and shall notify the council of projects found to
  575  be inconsistent.
  576         (7)(8) The Department of Economic Opportunity shall review
  577  the list of project applications projects approved by the
  578  council to evaluate the economic benefit of the project and to
  579  determine whether the project is consistent with the Florida
  580  Seaport Mission Plan and with state economic development goals
  581  and policies. The Department of Economic Opportunity shall
  582  evaluate the proposed project’s consistency with state,
  583  regional, and local plans, as appropriate, and review the
  584  economic benefits of each project based upon the rules adopted
  585  pursuant to subsection (4). The Department of Economic
  586  Opportunity shall identify those projects that which it has
  587  determined do not offer an economic benefit to the state, are
  588  not consistent with an appropriate plan, or are not consistent
  589  with the Florida Seaport Mission Plan or state economic
  590  development goals and policies and shall notify the council of
  591  its findings.
  592         (8)(9) The council shall review the findings of the
  593  Department of Economic Opportunity and the Department of
  594  Transportation. Projects found to be inconsistent under
  595  subsection pursuant to subsections (6) or subsection, (7), or
  596  and (8) and projects which have been determined not to offer an
  597  economic benefit to the state, may pursuant to subsection (8)
  598  shall not be included in the list of projects to be funded.
  599         (9)(10) The Department of Transportation shall include at
  600  least $15 million per year in its annual legislative budget
  601  request for the FSTED a Florida Seaport Transportation and
  602  Economic Development grant program funded under s. 311.07 for
  603  expenditure of funds of not less than $8 million per year. Such
  604  budget must shall include funding for projects approved by the
  605  council which have been determined by each agency to be
  606  consistent and which have been determined by the Department of
  607  Economic Opportunity to be economically beneficial. The
  608  department shall include the specific approved FSTED seaport
  609  projects to be funded under s. 311.07 this section during the
  610  ensuing fiscal year in the tentative work program developed
  611  pursuant to s. 339.135(4). The total amount of funding to be
  612  allocated to FSTED seaport projects under s. 311.07 during the
  613  successive 4 fiscal years must shall also be included in the
  614  tentative work program developed pursuant to s. 339.135(4). The
  615  council may submit to the department a list of approved projects
  616  that could be made production-ready within the next 2 years. The
  617  list shall be submitted by the department as part of the needs
  618  and project list prepared pursuant to s. 339.135(2)(b). However,
  619  the department shall, upon written request of the Florida
  620  Seaport Transportation and Economic Development council, submit
  621  work program amendments pursuant to s. 339.135(7) to the
  622  Governor within 10 days after the later of the date the request
  623  is received by the department or the effective date of the
  624  amendment, termination, or closure of the applicable funding
  625  agreement between the department and the affected seaport, as
  626  required to release the funds from the existing commitment.
  627  Notwithstanding s. 339.135(7)(c), any work program amendment to
  628  transfer prior year funds from one approved seaport project to
  629  another seaport project is subject to the procedures in s.
  630  339.135(7)(d). Notwithstanding any other provision of law to the
  631  contrary, the department may transfer unexpended budget between
  632  the seaport projects as identified in the approved work program
  633  amendments.
  634         (10)(11) The council shall meet at the call of its
  635  chairperson, at the request of a majority of its membership, or
  636  at such times as may be prescribed in its bylaws. However, the
  637  council must meet at least semiannually. A majority of voting
  638  members of the council constitutes a quorum for the purpose of
  639  transacting the business of the council. All members of the
  640  council are voting members. A vote of the majority of the voting
  641  members present is sufficient for any action of the council,
  642  except that a member representing the Department of
  643  Transportation or the Department of Economic Opportunity may
  644  vote to overrule any action of the council approving a project
  645  pursuant to subsection (5). The bylaws of the council may
  646  require a greater vote for a particular action.
  647         (11)(12) Members of the council shall serve without
  648  compensation but are entitled to receive reimbursement for per
  649  diem and travel expenses as provided in s. 112.061. The council
  650  may elect to provide an administrative staff to provide services
  651  to the council on matters relating to the FSTED Florida Seaport
  652  Transportation and Economic Development Program and the council.
  653  The cost for such administrative services shall be paid by all
  654  ports that receive funding from the FSTED Florida Seaport
  655  Transportation and Economic Development Program, based upon a
  656  pro rata formula measured by each recipient’s share of the funds
  657  as compared to the total funds disbursed to all recipients
  658  during the year. The share of costs for administrative services
  659  shall be paid in its total amount by the recipient port upon
  660  execution by the port and the Department of Transportation of a
  661  joint participation agreement for each council-approved project,
  662  and such payment is in addition to the matching funds required
  663  to be paid by the recipient port. Except as otherwise exempted
  664  by law, all moneys derived from the FSTED Florida Seaport
  665  Transportation and Economic Development Program shall be
  666  expended in accordance with the provisions of s. 287.057.
  667  Seaports subject to the competitive negotiation requirements of
  668  a local governing body must shall abide by the provisions of s.
  669  287.055.
  670         (12)(13) Until July 1, 2014, Citrus County may apply for a
  671  grant through the Florida Seaport Transportation and Economic
  672  Development council to perform a feasibility study regarding the
  673  establishment of a port in Citrus County. The council shall
  674  evaluate such application pursuant to subsections (5)-(8) (5)
  675  (9) and, if approved, the Department of Transportation shall
  676  include the feasibility study in its budget request pursuant to
  677  subsection (9) (10). If the study determines that a port in
  678  Citrus County is not feasible, the membership of Port Citrus on
  679  the council shall terminate.
  680         Section 9. Section 311.10, Florida Statutes, is created to
  681  read:
  682         311.10Strategic Port Investment Initiative.—
  683         (1) The Strategic Port Investment Initiative is created
  684  within the Department of Transportation. Beginning in the 2012
  685  2013 fiscal year, a minimum of $35 million per year shall be
  686  made available from the State Transportation Trust Fund to fund
  687  the initiative. The Department of Transportation shall work with
  688  the deepwater ports listed in s. 311.09 to develop and maintain
  689  a priority list of strategic investment projects. Project
  690  selection shall be based on projects that meet the state’s
  691  economic development goal of becoming a hub for trade,
  692  logistics, and export-oriented activities by:
  693         (a) Providing important access and major on-port capacity
  694  improvements;
  695         (b) Providing capital improvements to strategically
  696  position the state to maximize opportunities in international
  697  trade, logistics, or the cruise industry;
  698         (c) Achieving the state goals of an integrated intermodal
  699  transportation system; and
  700         (d) Demonstrating the feasibility and availability of
  701  matching funds through local or private partners.
  702         (2) Before making final project allocations, the Department
  703  of Transportation shall schedule a publicly noticed workshop
  704  with the Department of Economic Opportunity and the deepwater
  705  ports listed in s. 311.09(1) to review the proposed projects.
  706  After considering all comments received, the Department of
  707  Transportation shall finalize a prioritized list of potential
  708  projects.
  709         (3) To the maximum extent feasible, the Department of
  710  Transportation shall include the seaport projects proposed to be
  711  funded under this section in the tentative work program
  712  developed pursuant to s. 339.135(4).
  713         Section 10. Section 311.101, Florida Statutes, is created
  714  to read:
  715         311.101Intermodal Logistics Center Infrastructure Support
  716  Program.—The Intermodal Logistics Center Infrastructure Support
  717  Program is created within the Department of Transportation. The
  718  purpose of the program is to provide funds for roads, rail
  719  facilities, or other means for conveying or shipping goods
  720  through a seaport, thereby enabling the state to respond to
  721  private sector market demands and meet the state’s economic
  722  development goal of becoming a hub for trade, logistics, and
  723  export-oriented activities. The department may provide funds to
  724  assist with local government projects or projects performed by
  725  private entities which meet the public purpose of enhancing
  726  transportation facilities that convey or ship goods through a
  727  seaport.
  728         (1) As used in this section, the term “intermodal logistics
  729  center” means a facility or group of facilities serving as a
  730  point for the intermodal transfer of freight, located in a
  731  specified area physically separated from a seaport, and where
  732  activities relating to transport, logistics, goods distribution,
  733  consolidation, or value-added activities are carried out and
  734  whose activities and services are designed to support or be
  735  supported by one or more seaports listed in s. 311.09(1).
  736         (2) The department must consider, but is not limited to,
  737  the following criteria when evaluating projects for program
  738  assistance:
  739         (a) The ability of the project to serve a strategic state
  740  interest.
  741         (b) The ability of the project to facilitate the cost-
  742  effective and efficient movement of goods.
  743         (c) The extent to which the project contributes to economic
  744  activity, including job creation, increased wages, and revenues.
  745         (d) The extent to which the project efficiently interacts
  746  with and supports the transportation network.
  747         (e) A commitment of matching funds.
  748         (f) The amount of capital investment made by the owner of
  749  the existing or proposed facility.
  750         (g) The extent to which the owner has commitments,
  751  including memoranda of understanding or memoranda agreements,
  752  with private sector businesses planning to locate operations at
  753  the inland port.
  754         (h) A demonstration of local financial support and
  755  commitment to the project.
  756         (3) The department shall coordinate and consult with the
  757  Department of Economic Opportunity in the selection of projects
  758  to be funded by the program.
  759         (4) The department may administer contracts on behalf of
  760  the entity selected to receive funding for a project.
  761         (5) The department may provide up to 50 percent of project
  762  costs for eligible projects.
  763         (6) Beginning in the 2012-2013 fiscal year, up to $5
  764  million per year shall be made available for the program from
  765  the State Transportation Trust Fund. The department shall
  766  include projects proposed to be funded under this section in the
  767  tentative work program developed pursuant to s. 339.135(4).
  768         (7) The department may adopt rules to administer this
  769  section.
  770         Section 11. Section 311.14, Florida Statutes, is amended to
  771  read:
  772         311.14 Seaport planning.—
  773         (1) The Department of Transportation, in coordination with
  774  the ports listed in s. 311.09(1) and other partners, shall
  775  develop a Statewide Seaport and Waterways System Plan. The plan
  776  must be consistent with the goals of the Florida Transportation
  777  Plan developed pursuant to s. 339.155 and must consider the
  778  needs identified in individual port master plans, as well as
  779  those from the seaport strategic plans required under this
  780  section. The plan must identify 5-, 10-, and 20-year needs for
  781  the seaport system and include seaport, waterway, road, and rail
  782  projects that are needed to ensure the success of the
  783  transportation system as a whole in supporting state economic
  784  development goals.
  785         (1) The Florida Seaport Transportation and Economic
  786  Development Council, in cooperation with the Office of the State
  787  Public Transportation Administrator within the Department of
  788  Transportation, shall develop freight-mobility and trade
  789  corridor plans to assist in making freight-mobility investments
  790  that contribute to the economic growth of the state. Such plans
  791  should enhance the integration and connectivity of the
  792  transportation system across and between transportation modes
  793  throughout Florida for people and freight.
  794         (2) The Office of the State Public Transportation
  795  Administrator shall act to integrate freight-mobility and trade
  796  corridor plans into the Florida Transportation Plan developed
  797  pursuant to s. 339.155 and into the plans and programs of
  798  metropolitan planning organizations as provided in s. 339.175.
  799  The office may also provide assistance in expediting the
  800  transportation permitting process relating to the construction
  801  of seaport freight-mobility projects located outside the
  802  physical borders of seaports. The Department of Transportation
  803  may contract, as provided in s. 334.044, with any port listed in
  804  s. 311.09(1) or any such other statutorily authorized seaport
  805  entity to act as an agent in the construction of seaport
  806  freight-mobility projects.
  807         (2)(3) Each port shall develop a strategic plan that has
  808  with a 10-year horizon. Each plan must include the following:
  809         (a) An economic development component that identifies
  810  targeted business opportunities for increasing business and
  811  attracting new business for which a particular facility has a
  812  strategic advantage over its competitors, identifies financial
  813  resources and other inducements to encourage growth of existing
  814  business and acquisition of new business, and provides a
  815  projected schedule for attainment of the plan’s goals.
  816         (b) An infrastructure development and improvement component
  817  that identifies all projected infrastructure improvements within
  818  the plan area which require improvement, expansion, or
  819  development in order for a port to attain a strategic
  820  competitive advantage over for competition with national and
  821  international competitors.
  822         (c) A component that identifies all intermodal
  823  transportation facilities, including sea, air, rail, or road
  824  facilities, which are available or have potential, with
  825  improvements, to be available for necessary national and
  826  international commercial linkages and provides a plan for the
  827  integration of port, airport, and railroad activities with
  828  existing and planned transportation infrastructure.
  829         (d) A component that identifies physical, environmental,
  830  and regulatory barriers to the achievement of the plan’s goals
  831  and provides recommendations for overcoming those barriers.
  832         (e) An intergovernmental coordination component that
  833  specifies modes and methods to coordinate plan goals and
  834  missions with the missions of the Department of Transportation,
  835  other state agencies, and affected local, general-purpose
  836  governments.
  837  
  838  To the extent feasible, the port strategic plan must be
  839  consistent with the local government comprehensive plans of the
  840  units of local government in which the port is located.
  841         (3) Upon approval of a plan by the port’s board, the plan
  842  shall be submitted to the Florida Seaport Transportation and
  843  Economic Development Council.
  844         (4) The Florida Seaport Transportation and Economic
  845  Development Council shall review the strategic plans submitted
  846  by each port and prioritize strategic needs for inclusion in the
  847  Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
  848         Section 12. Subsection (2) of section 311.22, Florida
  849  Statutes, is amended to read:
  850         311.22 Additional authorization for funding certain
  851  dredging projects.—
  852         (2) The council shall adopt rules for evaluating the
  853  projects that may be funded pursuant to this section. The rules
  854  must provide criteria for evaluating the economic benefit of the
  855  project. The rules must include the creation of an
  856  administrative review process by the council which is similar to
  857  the process described in s. 311.09(5)-(11) 311.09(5)-(12), and
  858  provide for a review by the Department of Transportation and the
  859  Department of Economic Opportunity of all projects submitted for
  860  funding under this section.
  861         Section 13. Subsection (21) of section 316.003, Florida
  862  Statutes, is amended to read:
  863         316.003 Definitions.—The following words and phrases, when
  864  used in this chapter, shall have the meanings respectively
  865  ascribed to them in this section, except where the context
  866  otherwise requires:
  867         (21) MOTOR VEHICLE.—Any self-propelled vehicle not operated
  868  upon rails or guideway, but not including any bicycle, motorized
  869  scooter, electric personal assistive mobility device, or moped.
  870  However, as used in s. 316.1001, the term “motor vehicle” has
  871  the same meaning as provided in s. 320.01.
  872         Section 14. Subsections (1) through (4) of section 316.091,
  873  Florida Statutes, are amended to read:
  874         316.091 Limited access facilities; interstate highways; use
  875  restricted.—
  876         (1) A No person may not shall drive a vehicle onto or from
  877  any limited access roadway except at such entrances and exits as
  878  are established by public authority.
  879         (2) Except as provided herein, a no person may not shall
  880  operate upon a limited access facility a any bicycle, motor
  881  driven cycle, animal-drawn vehicle, or any other vehicle that,
  882  which by its design or condition, is incompatible with the safe
  883  and expedient movement of traffic.
  884         (3) A No person may not shall ride an any animal on upon
  885  any portion of a limited access facility.
  886         (4) A No person may not shall operate a bicycle or other
  887  human-powered vehicle on the roadway or along the shoulder of a
  888  limited access highway, including bridges, unless official signs
  889  and a designated marked bicycle lane are present at the entrance
  890  of the section of highway indicating that such use is permitted
  891  pursuant to a pilot program of the Department of Transportation
  892  an interstate highway.
  893         (5) The Department of Transportation shall establish a 2
  894  year pilot program in three urban areas in which it shall erect
  895  signs and designate marked bicycle lanes indicating highway
  896  approaches and bridge segments of limited access highways as
  897  open to use by operators of bicycles and other human-powered
  898  vehicles, under the following conditions:
  899         (a) The limited access highway approaches and bridge
  900  segments chosen must cross a river, lake, bay, inlet, or surface
  901  water where no street or highway crossing the water body is
  902  available for use within 2 miles of the entrance to the limited
  903  access facility as measured along the shortest public right-of
  904  way.
  905         (b) The department, with the concurrence of the Federal
  906  Highway Administration if interstate facilities are involved,
  907  shall establish the three highway approaches and bridge segments
  908  for the pilot project by October 1, 2012. In selecting the
  909  highway approaches and bridge segments, the department shall
  910  consider, without limitation, the minimum acceptable population
  911  size in the urban area within 5 miles of the highway approach
  912  and bridge segment, the lack of bicycle access by other means,
  913  cost, safety, and operational impacts.
  914         (c) The department shall begin the pilot program by
  915  erecting signs and designating marked bicycle lanes indicating
  916  highway approaches and bridge segments of limited access
  917  highways, as qualified by the conditions described in this
  918  subsection, as open to use by operators of bicycles and other
  919  human-powered vehicles by January 1, 2013.
  920         (d) The department shall conduct the pilot program for a
  921  minimum of 2 years following the implementation date. The
  922  department may continue to provide bicycle access on the highway
  923  approaches and bridge segments chosen for the pilot program or
  924  initiate bicycle access on other limited access facilities after
  925  the end of the program.
  926         (e) The department shall submit a report of its findings
  927  and recommendations from the pilot program to the Governor, the
  928  President of the Senate, and the Speaker of the House of
  929  Representatives by September 1, 2015. The report, at a minimum,
  930  must include data on bicycle crashes occurring in the designated
  931  segments of the pilot program, usage by operators of bicycles
  932  and other human-powered vehicles, enforcement issues,
  933  operational impacts, and the cost of the pilot program.
  934         Section 15. Paragraph (b) of subsection (2) of section
  935  316.1001, Florida Statutes, is amended to read:
  936         316.1001 Payment of toll on toll facilities required;
  937  penalties.—
  938         (2)
  939         (b) A citation issued under this subsection may be issued
  940  by mailing the citation by first-class mail or certified mail,
  941  return receipt requested, to the address of the registered owner
  942  of the motor vehicle involved in the violation. Mailing Receipt
  943  of the citation to the address of the registered owner
  944  constitutes notification. In the case of joint ownership of a
  945  motor vehicle, the traffic citation must be mailed to the first
  946  name appearing on the registration, unless the first name
  947  appearing on the registration is a business organization, in
  948  which case the second name appearing on the registration may be
  949  used. The A citation issued under this paragraph must be mailed
  950  to the registered owner of the motor vehicle involved in the
  951  violation within 14 days after the date of issuance of the
  952  citation. In addition to the citation, Notification must also be
  953  sent to the registered owner of the motor vehicle involved in
  954  the violation specifying remedies available under ss. 318.14(12)
  955  and 318.18(7).
  956         Section 16. Section 316.2122, Florida Statutes, is amended
  957  to read:
  958         316.2122 Operation of a low-speed vehicle or mini truck on
  959  certain roadways.—The operation of A low-speed vehicle as
  960  defined in s. 320.01(42) or a mini truck as defined in s.
  961  320.01(45) may operate on any road as defined in s. 334.03(15)
  962  or (33) is authorized with the following restrictions:
  963         (1) A low-speed vehicle or mini truck may be operated only
  964  on streets where the posted speed limit is 35 miles per hour or
  965  less. This does not prohibit a low-speed vehicle or mini truck
  966  from crossing a road or street at an intersection where the road
  967  or street has a posted speed limit of more than 35 miles per
  968  hour.
  969         (2) A low-speed vehicle must be equipped with headlamps,
  970  stop lamps, turn signal lamps, taillamps, reflex reflectors,
  971  parking brakes, rearview mirrors, windshields, seat belts, and
  972  vehicle identification numbers.
  973         (3) A low-speed vehicle or mini truck must be registered
  974  and insured in accordance with s. 320.02 and titled pursuant to
  975  chapter 319.
  976         (4) Any person operating a low-speed vehicle or mini truck
  977  must have in his or her possession a valid driver’s license in
  978  his or her possession.
  979         (5) A county or municipality may prohibit the operation of
  980  low-speed vehicles or mini trucks on any road under its
  981  jurisdiction if the governing body of the county or municipality
  982  determines that such prohibition is necessary in the interest of
  983  safety.
  984         (6) The Department of Transportation may prohibit the
  985  operation of low-speed vehicles or mini trucks on any road under
  986  its jurisdiction if it determines that such prohibition is
  987  necessary in the interest of safety.
  988         Section 17. Paragraph (a) of subsection (3) and paragraphs
  989  (a) and (c) of subsection (5) of section 316.515, Florida
  990  Statutes, are amended to read:
  991         316.515 Maximum width, height, length.—
  992         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  993  section, length limitations apply solely to a semitrailer or
  994  trailer, and not to a truck tractor or to the overall length of
  995  a combination of vehicles. No combination of commercial motor
  996  vehicles coupled together and operating on the public roads may
  997  consist of more than one truck tractor and two trailing units.
  998  Unless otherwise specifically provided for in this section, a
  999  combination of vehicles not qualifying as commercial motor
 1000  vehicles may consist of no more than two units coupled together;
 1001  such nonqualifying combination of vehicles may not exceed a
 1002  total length of 65 feet, inclusive of the load carried thereon,
 1003  but exclusive of safety and energy conservation devices approved
 1004  by the department for use on vehicles using public roads.
 1005  Notwithstanding any other provision of this section, a truck
 1006  tractor-semitrailer combination engaged in the transportation of
 1007  automobiles or boats may transport motor vehicles or boats on
 1008  part of the power unit; and, except as may otherwise be mandated
 1009  under federal law, an automobile or boat transporter semitrailer
 1010  may not exceed 50 feet in length, exclusive of the load;
 1011  however, the load may extend up to an additional 6 feet beyond
 1012  the rear of the trailer. The 50-feet length limitation does not
 1013  apply to non-stinger-steered automobile or boat transporters
 1014  that are 65 feet or less in overall length, exclusive of the
 1015  load carried thereon, or to stinger-steered automobile or boat
 1016  transporters that are 75 feet or less in overall length,
 1017  exclusive of the load carried thereon. For purposes of this
 1018  subsection, a “stinger-steered automobile or boat transporter”
 1019  is an automobile or boat transporter configured as a semitrailer
 1020  combination wherein the fifth wheel is located on a drop frame
 1021  located behind and below the rearmost axle of the power unit.
 1022  Notwithstanding paragraphs (a) and (b), any straight truck or
 1023  truck tractor-semitrailer combination engaged in the
 1024  transportation of horticultural trees may allow the load to
 1025  extend up to an additional 10 feet beyond the rear of the
 1026  vehicle, provided said trees are resting against a retaining bar
 1027  mounted above the truck bed so that the root balls of the trees
 1028  rest on the floor and to the front of the truck bed and the tops
 1029  of the trees extend up over and to the rear of the truck bed,
 1030  and provided the overhanging portion of the load is covered with
 1031  protective fabric.
 1032         (a) Straight trucks.A No straight truck may not exceed a
 1033  length of 40 feet in extreme overall dimension, exclusive of
 1034  safety and energy conservation devices approved by the
 1035  department for use on vehicles using public roads. A straight
 1036  truck may tow no more than one trailer, and the overall length
 1037  of the truck-trailer combination may not exceed 68 feet such
 1038  trailer may not exceed a length of 28 feet. However, such
 1039  trailer limitation does not apply if the overall length of the
 1040  truck-trailer combination is 65 feet or less, including the load
 1041  thereon. Notwithstanding any other provisions of this section, a
 1042  truck-trailer combination engaged in the transportation of
 1043  boats, or boat trailers whose design dictates a front-to-rear
 1044  stacking method may shall not exceed the length limitations of
 1045  this paragraph exclusive of the load; however, the load may
 1046  extend up to an additional 6 feet beyond the rear of the
 1047  trailer.
 1048         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
 1049  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
 1050         (a) Notwithstanding any other provisions of law, straight
 1051  trucks, agricultural tractors, citrus fruit loaders, citrus
 1052  harvesting equipment, and cotton module movers, not exceeding 50
 1053  feet in length, or any combination of up to and including three
 1054  implements of husbandry, including the towing power unit, and
 1055  any single agricultural trailer that has with a load thereon or
 1056  any agricultural implements attached to a towing power unit, or
 1057  a self-propelled agricultural implement or an agricultural
 1058  tractor, may transport is authorized for the purpose of
 1059  transporting peanuts, grains, soybeans, cotton, hay, straw, or
 1060  other perishable farm products from their point of production to
 1061  the first point of change of custody or of long-term storage,
 1062  and return for the purpose of returning to such point of
 1063  production, or move for the purpose of moving such tractors,
 1064  movers, and implements from one point of agricultural production
 1065  to another, by a person engaged in the production of any such
 1066  product or custom hauler, if such vehicle or combination of
 1067  vehicles otherwise complies with this section. The Department of
 1068  Transportation may issue overlength permits for cotton module
 1069  movers greater than 50 feet but not more than 55 feet in overall
 1070  length. Such vehicles must shall be operated in accordance with
 1071  all safety requirements prescribed by law and rules of the
 1072  Department of Transportation.
 1073         (c) The width and height limitations of this section do not
 1074  apply to farming or agricultural equipment, whether self
 1075  propelled, pulled, or hauled, if when temporarily operated
 1076  during daylight hours upon a public road that is not a limited
 1077  access facility as defined in s. 334.03(13), and the width and
 1078  height limitations may be exceeded by such equipment without a
 1079  permit. To be eligible for this exemption, the equipment must
 1080  shall be operated within a radius of 50 miles of the real
 1081  property owned, rented, or leased by the equipment owner.
 1082  However, equipment being delivered by a dealer to a purchaser is
 1083  not subject to the 50-mile limitation. Farming or agricultural
 1084  equipment greater than 174 inches in width must have one warning
 1085  lamp mounted on each side of the equipment to denote the width
 1086  and must have a slow-moving vehicle sign. Warning lamps required
 1087  by this paragraph must be visible from the front and rear of the
 1088  vehicle and must be visible from a distance of at least 1,000
 1089  feet.
 1090         Section 18. Section 318.12, Florida Statutes, is amended to
 1091  read:
 1092         318.12 Purpose.—It is the legislative intent In the
 1093  adoption of this chapter, it is the Legislature’s intent to
 1094  decriminalize certain violations of chapter 316, the Florida
 1095  Uniform Traffic Control Law; chapter 320, Motor Vehicle
 1096  Licenses; chapter 322, Drivers’ Licenses; chapter 338, Limited
 1097  Access Florida Intrastate Highway System and Toll Facilities;
 1098  and chapter 1006, Support of Learning, thereby facilitating the
 1099  implementation of a more uniform and expeditious system for the
 1100  disposition of traffic infractions.
 1101         Section 19. Subsection (42) of section 320.01, Florida
 1102  Statutes, is amended to read:
 1103         320.01 Definitions, general.—As used in the Florida
 1104  Statutes, except as otherwise provided, the term:
 1105         (42) “Low-speed vehicle” means any four-wheeled electric
 1106  vehicle whose top speed is greater than 20 miles per hour but
 1107  not greater than 25 miles per hour, including, but not limited
 1108  to, neighborhood electric vehicles. Low-speed vehicles must
 1109  comply with the safety standards in 49 C.F.R. s. 571.500 and s.
 1110  316.2122.
 1111         Section 20. Subsections (3) and (4) of section 320.20,
 1112  Florida Statutes, are amended to read:
 1113         320.20 Disposition of license tax moneys.—The revenue
 1114  derived from the registration of motor vehicles, including any
 1115  delinquent fees and excluding those revenues collected and
 1116  distributed under the provisions of s. 320.081, must be
 1117  distributed monthly, as collected, as follows:
 1118         (3) Notwithstanding any other provision of law except
 1119  subsections (1) and (2), on July 1, 1996, and annually
 1120  thereafter, $15 million shall be deposited annually into in the
 1121  State Transportation Trust Fund solely for the purposes of
 1122  funding the Florida Seaport Transportation and Economic
 1123  Development Program as provided for in chapter 311. Such
 1124  revenues shall be distributed on a 50-50 matching basis to any
 1125  port listed in s. 311.09(1) to be used for funding projects as
 1126  described in s. 311.07(3)(b). Such revenues may be assigned,
 1127  pledged, or set aside as a trust for the payment of principal or
 1128  interest on bonds, tax anticipation certificates, or any other
 1129  form of indebtedness issued by an individual port or appropriate
 1130  local government having jurisdiction thereof, or collectively by
 1131  interlocal agreement among any of the ports, or used to purchase
 1132  credit support to permit such borrowings. However, such debt is
 1133  shall not constitute a general obligation of the state of
 1134  Florida. The state covenants does hereby covenant with holders
 1135  of such revenue bonds or other instruments of indebtedness
 1136  issued hereunder that it will not repeal or impair or amend in
 1137  any manner that which will materially and adversely affect the
 1138  rights of such holders so long as bonds authorized by this
 1139  section are outstanding. Any revenues that which are not pledged
 1140  to the repayment of bonds as authorized by this section may be
 1141  used utilized for purposes authorized under the Florida Seaport
 1142  Transportation and Economic Development Program. This revenue
 1143  source is in addition to any amounts provided for and
 1144  appropriated in accordance with s. 311.07. The Florida Seaport
 1145  Transportation and Economic Development Council shall approve
 1146  the distribution of funds to ports for projects that which have
 1147  been approved pursuant to s. 311.09(5)-(8) 311.09(5)-(9). The
 1148  council and the Department of Transportation may are authorized
 1149  to perform such acts as are required to facilitate and implement
 1150  the provisions of this subsection. To better enable the ports to
 1151  cooperate to their mutual advantage, the governing body of each
 1152  port may exercise powers provided to municipalities or counties
 1153  in s. 163.01(7)(d) subject to the provisions of chapter 311 and
 1154  special acts, if any, pertaining to a port. The use of funds
 1155  provided pursuant to this subsection are limited to eligible
 1156  projects listed in this subsection. Income derived from a
 1157  project completed with the use of program funds, beyond
 1158  operating costs and debt service, is shall be restricted solely
 1159  to further port capital improvements consistent with maritime
 1160  purposes and for no other purpose. Use of such income for
 1161  nonmaritime purposes is prohibited. The provisions of s.
 1162  311.07(4) do not apply to any funds received pursuant to this
 1163  subsection. The revenues available under this subsection may
 1164  shall not be pledged to the payment of any bonds other than the
 1165  Florida Ports Financing Commission Series 1996 and Series 1999
 1166  Bonds currently outstanding; provided, however, such revenues
 1167  may be pledged to secure payment of refunding bonds to refinance
 1168  the Florida Ports Financing Commission Series 1996 and Series
 1169  1999 Bonds. No Refunding bonds secured by revenues available
 1170  under this subsection may not be issued with a final maturity
 1171  later than the final maturity of the Florida Ports Financing
 1172  Commission Series 1996 and Series 1999 Bonds or which provide
 1173  for higher debt service in any year than is currently payable on
 1174  such bonds. Any revenue bonds or other indebtedness issued after
 1175  July 1, 2000, other than refunding bonds shall be issued by the
 1176  Division of Bond Finance at the request of the Department of
 1177  Transportation pursuant to the State Bond Act.
 1178         (4) Notwithstanding any other provision of law except
 1179  subsections (1), (2), and (3), on July 1, 1999, and annually
 1180  thereafter, $10 million shall be deposited annually into in the
 1181  State Transportation Trust Fund solely for the purposes of
 1182  funding the Florida Seaport Transportation and Economic
 1183  Development Program as provided in chapter 311 and for funding
 1184  seaport intermodal access projects of statewide significance as
 1185  provided in s. 341.053. Such revenues shall be distributed to
 1186  any port listed in s. 311.09(1), to be used for funding projects
 1187  as follows:
 1188         (a) For any seaport intermodal access projects that are
 1189  identified in the 1997-1998 Tentative Work Program of the
 1190  Department of Transportation, up to the amounts needed to offset
 1191  the funding requirements of this section.
 1192         (b) For seaport intermodal access projects as described in
 1193  s. 341.053(5) which that are identified in the 5-year Florida
 1194  Seaport Mission Plan as provided in s. 311.09(3). Funding for
 1195  such projects shall be on a matching basis as mutually
 1196  determined by the Florida Seaport Transportation and Economic
 1197  Development Council and the Department of Transportation if,
 1198  provided a minimum of 25 percent of total project funds shall
 1199  come from any port funds, local funds, private funds, or
 1200  specifically earmarked federal funds.
 1201         (c) On a 50-50 matching basis for projects as described in
 1202  s. 311.07(3)(b).
 1203         (d) For seaport intermodal access projects that involve the
 1204  dredging or deepening of channels, turning basins, or harbors;
 1205  or the rehabilitation of wharves, docks, or similar structures.
 1206  Funding for such projects requires shall require a 25 percent
 1207  match of the funds received pursuant to this subsection.
 1208  Matching funds must shall come from any port funds, federal
 1209  funds, local funds, or private funds.
 1210  
 1211  Such revenues may be assigned, pledged, or set aside as a trust
 1212  for the payment of principal or interest on bonds, tax
 1213  anticipation certificates, or any other form of indebtedness
 1214  issued by an individual port or appropriate local government
 1215  having jurisdiction thereof, or collectively by interlocal
 1216  agreement among any of the ports, or used to purchase credit
 1217  support to permit such borrowings. However, such debt is shall
 1218  not constitute a general obligation of the state. This state
 1219  covenants does hereby covenant with holders of such revenue
 1220  bonds or other instruments of indebtedness issued hereunder that
 1221  it will not repeal or impair or amend this subsection in any
 1222  manner that which will materially and adversely affect the
 1223  rights of holders so long as bonds authorized by this subsection
 1224  are outstanding. Any revenues that are not pledged to the
 1225  repayment of bonds as authorized by this section may be used
 1226  utilized for purposes authorized under the Florida Seaport
 1227  Transportation and Economic Development Program. This revenue
 1228  source is in addition to any amounts provided for and
 1229  appropriated in accordance with s. 311.07 and subsection (3).
 1230  The Florida Seaport Transportation and Economic Development
 1231  Council shall approve distribution of funds to ports for
 1232  projects that have been approved pursuant to s. 311.09(5)-(8)
 1233  311.09(5)-(9), or for seaport intermodal access projects
 1234  identified in the 5-year Florida Seaport Mission Plan as
 1235  provided in s. 311.09(3) and mutually agreed upon by the FSTED
 1236  Council and the Department of Transportation. All contracts for
 1237  actual construction of projects authorized by this subsection
 1238  must include a provision encouraging employment of participants
 1239  in the welfare transition program. The goal for such employment
 1240  of participants in the welfare transition program is 25 percent
 1241  of all new employees employed specifically for the project,
 1242  unless the Department of Transportation and the Florida Seaport
 1243  Transportation and Economic Development Council demonstrate that
 1244  such a requirement would severely hamper the successful
 1245  completion of the project. In such an instance, Workforce
 1246  Florida, Inc., shall establish an appropriate percentage of
 1247  employees who are that must be participants in the welfare
 1248  transition program. The council and the Department of
 1249  Transportation may are authorized to perform such acts as are
 1250  required to facilitate and implement the provisions of this
 1251  subsection. To better enable the ports to cooperate to their
 1252  mutual advantage, the governing body of each port may exercise
 1253  powers provided to municipalities or counties in s. 163.01(7)(d)
 1254  subject to the provisions of chapter 311 and special acts, if
 1255  any, pertaining to a port. The use of funds provided pursuant to
 1256  this subsection is limited to eligible projects listed in this
 1257  subsection. The provisions of s. 311.07(4) do not apply to any
 1258  funds received pursuant to this subsection. The revenues
 1259  available under this subsection may shall not be pledged to the
 1260  payment of any bonds other than the Florida Ports Financing
 1261  Commission Series 1996 and Series 1999 Bonds currently
 1262  outstanding; provided, however, such revenues may be pledged to
 1263  secure payment of refunding bonds to refinance the Florida Ports
 1264  Financing Commission Series 1996 and Series 1999 Bonds. No
 1265  Refunding bonds secured by revenues available under this
 1266  subsection may not be issued with a final maturity later than
 1267  the final maturity of the Florida Ports Financing Commission
 1268  Series 1996 and Series 1999 Bonds or which provide for higher
 1269  debt service in any year than is currently payable on such
 1270  bonds. Any revenue bonds or other indebtedness issued after July
 1271  1, 2000, other than refunding bonds shall be issued by the
 1272  Division of Bond Finance at the request of the Department of
 1273  Transportation pursuant to the State Bond Act.
 1274         Section 21. Subsections (10), (12), (25), and (38) of
 1275  section 334.03, Florida Statutes, are reordered and amended to
 1276  read:
 1277         334.03 Definitions.—When used in the Florida Transportation
 1278  Code, the term:
 1279         (10) “Florida Intrastate Highway System” means a system of
 1280  limited access and controlled access facilities on the State
 1281  Highway System which have the capacity to provide high-speed and
 1282  high-volume traffic movements in an efficient and safe manner.
 1283         (10)(11) “Functional classification” means the assignment
 1284  of roads into systems according to the character of service they
 1285  provide in relation to the total road network using procedures
 1286  developed by the Federal Highway Administration. Basic
 1287  functional categories include arterial roads, collector roads,
 1288  and local roads which may be subdivided into principal, major,
 1289  or minor levels. Those levels may be additionally divided into
 1290  rural and urban categories.
 1291         (11)(12) “Governmental entity” means a unit of government,
 1292  or an any officially designated public agency or authority of a
 1293  unit of government, which that has the responsibility for
 1294  planning, construction, operation, or maintenance or
 1295  jurisdiction over transportation facilities.; The term includes
 1296  the Federal Government, the state government, a county, an
 1297  incorporated municipality, a metropolitan planning organization,
 1298  an expressway or transportation authority, a road and bridge
 1299  district, a special road and bridge district, and a regional
 1300  governmental unit.
 1301         (25) “State Highway System” means the following, which
 1302  shall be facilities to which access is regulated:
 1303         (a) the interstate system and all other roads within the
 1304  state which were under the jurisdiction of the state on June 10,
 1305  1995, and roads constructed by an agency of the state for the
 1306  State Highway System, plus roads transferred to the state’s
 1307  jurisdiction after that date by mutual consent with another
 1308  governmental entity. Roads transferred from the state’s
 1309  jurisdiction are not included. Access to State Highway System
 1310  facilities shall be regulated;
 1311         (b) All rural arterial routes and their extensions into and
 1312  through urban areas;
 1313         (c) All urban principal arterial routes; and
 1314         (d) The urban minor arterial mileage on the existing State
 1315  Highway System as of July 1, 1987, plus additional mileage to
 1316  comply with the 2-percent requirement as described below.
 1317  
 1318  However, not less than 2 percent of the public road mileage of
 1319  each urbanized area on record as of June 30, 1986, shall be
 1320  included as minor arterials in the State Highway System.
 1321  Urbanized areas not meeting the foregoing minimum requirement
 1322  shall have transferred to the State Highway System additional
 1323  minor arterials of the highest significance in which case the
 1324  total minor arterials in the State Highway System from any
 1325  urbanized area shall not exceed 2.5 percent of that area’s total
 1326  public urban road mileage.
 1327         (12)(38) “Interactive voice response” means a software
 1328  application that accepts a combination of voice telephone input
 1329  and touch-tone keypad selection and provides appropriate
 1330  responses in the form of voice, fax, callback, e-mail, and other
 1331  media.
 1332         Section 22. Subsections (11), (13), and (26) of section
 1333  334.044, Florida Statutes, are amended, and subsection (33) is
 1334  added to that section, to read:
 1335         334.044 Department; powers and duties.—The department shall
 1336  have the following general powers and duties:
 1337         (11) To establish a numbering system for public roads and,
 1338  to functionally classify such roads, and to assign
 1339  jurisdictional responsibility.
 1340         (13) To designate existing and to plan proposed
 1341  transportation facilities as part of the State Highway System,
 1342  and to construct, maintain, and operate such facilities.
 1343         (26) To provide for the enhancement of environmental
 1344  benefits, including air and water quality; to prevent roadside
 1345  erosion; to conserve the natural roadside growth and scenery;
 1346  and to provide for the implementation and maintenance of
 1347  roadside conservation, enhancement, and stabilization programs.
 1348  Up to No less than 1.5 percent of the amount contracted for
 1349  construction projects shall be allocated by the department for
 1350  the purchase of plant materials. Department districts may not
 1351  expend funds for landscaping in connection with any project that
 1352  is limited to resurfacing existing lanes unless such expenditure
 1353  has been approved by the department’s secretary or designee.,
 1354  with, To the greatest extent practical, a minimum of 50 percent
 1355  of the these funds allocated under this subsection shall be
 1356  allocated for large plant materials and the remaining funds for
 1357  other plant materials. All such plant materials shall be
 1358  purchased from Florida commercial nursery stock in this state on
 1359  a uniform competitive bid basis. The department shall will
 1360  develop grades and standards for landscaping materials purchased
 1361  through this process. To accomplish these activities, the
 1362  department may contract with nonprofit organizations having the
 1363  primary purpose of developing youth employment opportunities.
 1364         (33) To develop, in coordination with its partners, freight
 1365  mobility and trade plans to assist in making freight mobility
 1366  investments that contribute to the economic growth of the state.
 1367  Such plans should enhance the integration and connectivity of
 1368  the transportation system across and between transportation
 1369  modes for people and freight throughout the state. Freight
 1370  issues and needs shall be given emphasis in all appropriate
 1371  transportation plans, including the Florida Transportation Plan
 1372  and the Strategic Intermodal System Plan.
 1373         Section 23. Section 334.047, Florida Statutes, is amended
 1374  to read:
 1375         334.047 Prohibition.—Notwithstanding any other provision of
 1376  law to the contrary, the Department of Transportation may not
 1377  establish a cap on the number of miles in the State Highway
 1378  System or a maximum number of miles of urban principal arterial
 1379  roads, as defined in s. 334.03, within a district or county.
 1380         Section 24. Subsection (3) of section 335.02, Florida
 1381  Statutes, is amended to read:
 1382         335.02 Authority to designate transportation facilities and
 1383  rights-of-way and establish lanes; procedure for redesignation
 1384  and relocation; application of local regulations.—
 1385         (3) The department may establish standards for lanes on the
 1386  State Highway System, including the Strategic Intermodal System
 1387  highway corridors Florida Intrastate Highway System established
 1388  pursuant to s. 339.65 338.001. In determining the number of
 1389  lanes for any regional corridor or section of highway on the
 1390  State Highway System to be funded by the department with state
 1391  or federal funds, the department shall evaluate all alternatives
 1392  and seek to achieve the highest degree of efficient mobility for
 1393  corridor users. In conducting the analysis, the department must
 1394  give consideration to the following factors consistent with
 1395  sound engineering principles:
 1396         (a) Overall economic importance of the corridor as a trade
 1397  or tourism corridor.
 1398         (b) Safety of corridor users, including the importance of
 1399  the corridor for evacuation purposes.
 1400         (c) Cost-effectiveness of alternative methods of increasing
 1401  the mobility of corridor users.
 1402         (d) Current and projected traffic volumes on the corridor.
 1403         (e) Multimodal alternatives.
 1404         (f) Use of intelligent transportation technology in
 1405  increasing the efficiency of the corridor.
 1406         (g) Compliance with state and federal policies related to
 1407  clean air, environmental impacts, growth management, livable
 1408  communities, and energy conservation.
 1409         (h) Addition of special use lanes, such as exclusive truck
 1410  lanes, high-occupancy-vehicle toll lanes, and exclusive
 1411  interregional traffic lanes.
 1412         (i) Availability and cost of rights-of-way, including
 1413  associated costs, and the most effective use of existing rights
 1414  of-way.
 1415         (j) Regional economic and transportation objectives, if
 1416  where articulated.
 1417         (k) The future land use plan element of local government
 1418  comprehensive plans, as appropriate, including designated urban
 1419  infill and redevelopment areas.
 1420         (l) The traffic circulation element, if applicable, of
 1421  local government comprehensive plans, including designated
 1422  transportation corridors and public transportation corridors.
 1423         (m) The approved metropolitan planning organization’s long
 1424  range transportation plan, as appropriate.
 1425  
 1426  This subsection does not preclude more than a number of lanes in
 1427  excess of 10 lanes, but in such case an additional factor that
 1428  must be considered before the department must consider may
 1429  determine that the number of lanes should be more than 10 is the
 1430  future capacity to accommodate in the future alternative forms
 1431  of transportation within existing or potential rights-of-way.
 1432         Section 25. Subsection (5) is added to section 335.074,
 1433  Florida Statutes, to read:
 1434         335.074 Safety inspection of bridges.—
 1435         (5) Upon receipt of an inspection report that recommends
 1436  limiting the weight, size, or speed limit on a bridge, the
 1437  governmental entity having maintenance responsibility for the
 1438  bridge must reduce the maximum limits in accordance with the
 1439  inspection report and post the limits in accordance with s.
 1440  316.555. Within 30 days after receipt of an inspection report
 1441  recommending lower limits, the governmental entity must notify
 1442  the department that the limitations have been implemented and
 1443  posted accordingly. If the required actions are not taken within
 1444  the 30 days, the department shall post the limits on the bridge
 1445  in accordance with the recommendations in the report. All costs
 1446  incurred by the department in connection with providing notice
 1447  of the bridge’s limitations or restrictions shall be assessed
 1448  against and collected from the governmental entity having
 1449  maintenance responsibility for the bridge. If an inspection
 1450  report recommends closure of a bridge, the bridge must be
 1451  immediately closed. If the governmental entity does not
 1452  immediately close the bridge, the department shall close the
 1453  bridge. All costs incurred by the department in connection with
 1454  the bridge closure shall be assessed against and collected from
 1455  the governmental entity having maintenance responsibility for
 1456  the bridge.
 1457         Section 26. Subsections (1) and (2) of section 335.17,
 1458  Florida Statutes, are amended to read:
 1459         335.17 State highway construction; means of noise
 1460  abatement.—
 1461         (1) The department shall make use of noise-control methods
 1462  as part of highway construction projects that involve new
 1463  location or capacity expansion in the construction of all new
 1464  state highways, with particular emphasis on those highways
 1465  located in or near urban-residential developments that which
 1466  abut the such highway rights-of-way.
 1467         (2) All highway projects by the department, regardless of
 1468  funding source, shall be developed in conformity with federal
 1469  standards for noise abatement as contained in 23 C.F.R. 772 as
 1470  such regulations existed on July 13, 2011 March 1, 1989. The
 1471  department shall, At a minimum, the department must comply with
 1472  federal requirements in the following areas:
 1473         (a) Analysis of traffic noise impacts and abatement
 1474  measures;
 1475         (b) Noise abatement;
 1476         (c) Information for local officials;
 1477         (d) Traffic noise prediction; and
 1478         (e) Construction noise.
 1479         Section 27. Subsection (5) of section 336.021, Florida
 1480  Statutes, is amended to read:
 1481         336.021 County transportation system; levy of ninth-cent
 1482  fuel tax on motor fuel and diesel fuel.—
 1483         (5) All impositions of the tax shall be levied before
 1484  October July 1 of each year to be effective January 1 of the
 1485  following year. However, levies of the tax which were in effect
 1486  on July 1, 2002, and which expire on August 31 of any year may
 1487  be reimposed at the current authorized rate to be effective
 1488  September 1 of the year of expiration. All impositions must
 1489  shall be required to end on December 31 of a year. A decision to
 1490  rescind the tax may shall not take effect on any date other than
 1491  December 31 and requires shall require a minimum of 60 days’
 1492  notice to the department of such decision.
 1493         Section 28. Paragraphs (a) and (b) of subsection (1) and
 1494  paragraph (a) of subsection (5) of section 336.025, Florida
 1495  Statutes, are amended to read:
 1496         336.025 County transportation system; levy of local option
 1497  fuel tax on motor fuel and diesel fuel.—
 1498         (1)(a) In addition to other taxes allowed by law, and there
 1499  may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c),
 1500  a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
 1501  fuel tax may be levied upon every gallon of motor fuel and
 1502  diesel fuel sold in a county and taxed under the provisions of
 1503  part I or part II of chapter 206.
 1504         1. All impositions and rate changes of the tax must shall
 1505  be levied before October July 1 to be effective January 1 of the
 1506  following year for up to a period not to exceed 30 years, and
 1507  the applicable method of distribution shall be established
 1508  pursuant to subsection (3) or subsection (4). However, levies of
 1509  the tax which were in effect on July 1, 2002, and which expire
 1510  on August 31 of any year may be reimposed at the current
 1511  authorized rate effective September 1 of the year of expiration.
 1512  Upon expiration, the tax may be relevied if provided that a
 1513  redetermination of the method of distribution is made as
 1514  provided in this section.
 1515         2. County and municipal governments shall use utilize
 1516  moneys received pursuant to this paragraph only for
 1517  transportation expenditures.
 1518         3. Any tax levied pursuant to this paragraph may be
 1519  extended upon on a majority vote of the governing body of the
 1520  county. A redetermination of the method of distribution shall be
 1521  established pursuant to subsection (3) or subsection (4), if,
 1522  after July 1, 1986, the tax is extended or the tax rate changed,
 1523  for the period of extension or for the additional tax.
 1524         (b) In addition to other taxes allowed by law, and there
 1525  may be levied as provided in s. 206.41(1)(e), a 1-cent, 2-cent,
 1526  3-cent, 4-cent, or 5-cent local option fuel tax may be levied
 1527  upon every gallon of motor fuel sold in a county and taxed under
 1528  the provisions of part I of chapter 206. The tax shall be levied
 1529  by an ordinance adopted by a majority plus one vote of the
 1530  membership of the governing body of the county or by referendum.
 1531         1. All impositions and rate changes of the tax must shall
 1532  be levied before October July 1, to be effective January 1 of
 1533  the following year. However, levies of the tax which were in
 1534  effect on July 1, 2002, and which expire on August 31 of any
 1535  year may be reimposed at the current authorized rate effective
 1536  September 1 of the year of expiration.
 1537         2. Before the county may, prior to levy of the tax, the
 1538  county may establish by interlocal agreement with one or more
 1539  municipalities which represent located therein, representing a
 1540  majority of the population of the incorporated area within the
 1541  county, a distribution formula for dividing the entire proceeds
 1542  of the tax among county government and all eligible
 1543  municipalities within the county. If an no interlocal agreement
 1544  is not adopted before the effective date of the tax, tax
 1545  revenues shall be distributed pursuant to the provisions of
 1546  subsection (4). If there is no interlocal agreement exists, a
 1547  new interlocal agreement may be established before prior to June
 1548  1 of any year pursuant to this subparagraph. However, an any
 1549  interlocal agreement agreed to under this subparagraph after the
 1550  initial levy of the tax or change in the tax rate authorized in
 1551  this section may not shall under no circumstances materially or
 1552  adversely affect the rights of holders of outstanding bonds that
 1553  which are backed by taxes authorized by this paragraph, and the
 1554  amounts distributed to the county government and each
 1555  municipality may shall not be reduced below the amount necessary
 1556  for the payment of principal and interest and reserves for
 1557  principal and interest as required under the covenants of any
 1558  bond resolution outstanding on the date of establishment of the
 1559  new interlocal agreement.
 1560         3. County and municipal governments shall use moneys
 1561  received pursuant to this paragraph for transportation
 1562  expenditures needed to meet the requirements of the capital
 1563  improvements element of an adopted comprehensive plan or for
 1564  expenditures needed to meet immediate local transportation
 1565  problems and for other transportation-related expenditures that
 1566  are critical for building comprehensive roadway networks by
 1567  local governments. For purposes of this paragraph, expenditures
 1568  for the construction of new roads, the reconstruction or
 1569  resurfacing of existing paved roads, or the paving of existing
 1570  graded roads shall be deemed to increase capacity and such
 1571  projects shall be included in the capital improvements element
 1572  of an adopted comprehensive plan. Expenditures for purposes of
 1573  this paragraph do shall not include routine maintenance of
 1574  roads.
 1575         (5)(a) By October July 1 of each year, the county shall
 1576  notify the Department of Revenue of the rate of the taxes levied
 1577  pursuant to paragraphs (1)(a) and (b), and of its decision to
 1578  rescind or change the rate of a tax, if applicable, and shall
 1579  provide the department with a certified copy of the interlocal
 1580  agreement established under subparagraph (1)(b)2. or
 1581  subparagraph (3)(a)1. with distribution proportions established
 1582  by such agreement or pursuant to subsection (4), if applicable.
 1583  A decision to rescind a tax may shall not take effect on any
 1584  date other than December 31 and requires shall require a minimum
 1585  of 60 days’ notice to the Department of Revenue of such
 1586  decision.
 1587         Section 29. Paragraph (a) of subsection (3) of section
 1588  337.11, Florida Statutes, is amended to read:
 1589         337.11 Contracting authority of department; bids; emergency
 1590  repairs, supplemental agreements, and change orders; combined
 1591  design and construction contracts; progress payments; records;
 1592  requirements of vehicle registration.—
 1593         (3)(a) On all construction contracts of $250,000 or less,
 1594  and any construction contract of less than $500,000 for which
 1595  the department has waived prequalification under s. 337.14, the
 1596  department shall advertise for bids on the department’s Internet
 1597  website for at least in a newspaper having general circulation
 1598  in the county where the proposed work is located. Publication
 1599  shall be at least once a week for no less than 2 consecutive
 1600  weeks., and The first publication must be at least shall be no
 1601  less than 14 consecutive days before prior to the date on which
 1602  bids are to be received.
 1603         Section 30. Subsection (4) of section 337.111, Florida
 1604  Statutes, is amended to read:
 1605         337.111 Contracting for monuments and memorials to military
 1606  veterans at rest areas.—The Department of Transportation is
 1607  authorized to enter into contract with any not-for-profit group
 1608  or organization that has been operating for not less than 2
 1609  years for the installation of monuments and memorials honoring
 1610  Florida’s military veterans at highway rest areas around the
 1611  state pursuant to the provisions of this section.
 1612         (4) The group or organization making the proposal must
 1613  shall provide a 10-year bond, an annual renewable bond, an
 1614  irrevocable letter of credit, or other form of security as
 1615  approved by the department’s comptroller, for the purpose of
 1616  securing the cost of removing removal of the monument and any
 1617  modifications made to the site as part of the placement of the
 1618  monument if should the department determines that of
 1619  Transportation determine it is necessary to remove or relocate
 1620  the monument. Such removal or relocation must shall be approved
 1621  by the committee described in subsection (1). Prior to
 1622  expiration, the bond shall be renewed for another 10-year period
 1623  if the memorial is to remain in place.
 1624         Section 31. Subsection (1) of section 337.125, Florida
 1625  Statutes, is amended to read:
 1626         337.125 Socially and economically disadvantaged business
 1627  enterprises; notice requirements.—
 1628         (1) After contract goals are established, in order to
 1629  document that a subcontract is with a certified socially and
 1630  economically disadvantaged business enterprise, the prime
 1631  contractor must either submit a disadvantaged business
 1632  enterprise utilization form that which has been signed by the
 1633  socially and economically disadvantaged business enterprise and
 1634  the prime contractor, or submit the written or oral quotation of
 1635  the socially and economically disadvantaged business
 1636  enterprise., and Information contained in the quotation must be
 1637  confirmed as determined by the department by rule.
 1638         Section 32. Section 337.137, Florida Statutes, is repealed.
 1639         Section 33. Section 337.139, Florida Statutes, is amended
 1640  to read:
 1641         337.139 Encouraging the award of Efforts to encourage
 1642  awarding contracts to disadvantaged business enterprises.—In
 1643  implementing chapter 90-136, Laws of Florida, the Department of
 1644  Transportation shall implement institute procedures to encourage
 1645  the awarding of contracts for professional services and
 1646  construction to disadvantaged business enterprises. For the
 1647  purposes of this section, the term “disadvantaged business
 1648  enterprise” means a small business concern certified by the
 1649  Department of Transportation to be owned and controlled by
 1650  socially and economically disadvantaged individuals as defined
 1651  by the Safe, Accountable, Flexible, Efficient Transportation
 1652  Equity Act: A Legacy for Users (SAFETEA-LU), Surface
 1653  Transportation and Uniform Relocation Act of 1987. The
 1654  Department of Transportation shall develop and implement
 1655  activities to encourage the participation of disadvantaged
 1656  business enterprises in the contracting process. Such efforts
 1657  may include:
 1658         (1) Presolicitation or prebid meetings for the purpose of
 1659  informing disadvantaged business enterprises of contracting
 1660  opportunities.
 1661         (2) Written notice to disadvantaged business enterprises of
 1662  contract opportunities for commodities or contractual and
 1663  construction services that which the disadvantaged business
 1664  provides.
 1665         (3) Provision of adequate information to disadvantaged
 1666  business enterprises about the plans, specifications, and
 1667  requirements of contracts or the availability of jobs.
 1668         (4) Breaking large contracts into several single-purpose
 1669  contracts of a size which may be obtained by certified
 1670  disadvantaged business enterprises.
 1671         Section 34. Subsection (1) of section 337.14, Florida
 1672  Statutes, is amended to read:
 1673         337.14 Application for qualification; certificate of
 1674  qualification; restrictions; request for hearing.—
 1675         (1) Any person desiring to bid for the performance of any
 1676  construction contract in excess of $250,000 which the department
 1677  proposes to let must first be certified by the department as
 1678  qualified pursuant to this section and rules of the department.
 1679  The rules must include of the department shall address the
 1680  qualification of persons to bid on such construction contracts
 1681  in excess of $250,000 and shall include requirements with
 1682  respect to the equipment, past record, experience, financial
 1683  resources, and organizational personnel of the applicant
 1684  necessary to perform the specific class of work for which the
 1685  person seeks certification. The department may is authorized to
 1686  limit the dollar amount of any contract upon which a person is
 1687  qualified to bid or the aggregate total dollar volume of
 1688  contracts such person is allowed to have under contract at any
 1689  one time. Each applicant seeking qualification to bid must on
 1690  construction contracts in excess of $250,000 shall furnish the
 1691  department a statement under oath, on such forms as the
 1692  department may prescribe, setting forth detailed information as
 1693  required on the application. Each application for certification
 1694  must shall be accompanied by the latest annual financial
 1695  statement of the applicant completed within the last 12 months.
 1696  If the application or the annual financial statement shows the
 1697  financial condition of the applicant more than 4 months before
 1698  prior to the date on which the application is received by the
 1699  department, then an interim financial statement must be
 1700  submitted and be accompanied by an updated application. The
 1701  interim financial statement must cover the period from the end
 1702  date of the annual statement and must show the financial
 1703  condition of the applicant no more than 4 months before prior to
 1704  the date the interim financial statement is received by the
 1705  department. However, upon the request of the applicant, an
 1706  application and accompanying annual or interim financial
 1707  statement received by the department within 15 days after either
 1708  4-month period is considered timely. Each required annual or
 1709  interim financial statement must be audited and accompanied by
 1710  the opinion of a certified public accountant or a public
 1711  accountant approved by the department. The information required
 1712  by this subsection is confidential and exempt from the
 1713  provisions of s. 119.07(1). The department shall act upon the
 1714  application for qualification within 30 days after the
 1715  department determines that the application is complete.
 1716         (a) The department may waive the requirements of this
 1717  subsection for projects having a contract price of $500,000 or
 1718  less if the department determines that the project is of a
 1719  noncritical nature and the waiver will not endanger public
 1720  health, safety, or property.
 1721         (b) An applicant desiring to bid exclusively for the
 1722  performance of construction contracts having proposed budget
 1723  estimates of less than $1 million may submit annual or interim
 1724  financial statements accompanied by the opinion of a certified
 1725  public accountant.
 1726         Section 35. Section 337.403, Florida Statutes, is amended
 1727  to read:
 1728         337.403 Interference by a Relocation of utility;
 1729  responsibility for work and costs expenses.—
 1730         (1) If a Any utility heretofore or hereafter placed upon,
 1731  under, over, or along any public road or publicly owned rail
 1732  corridor that is found by the authority to be unreasonably
 1733  interfering in any way with the convenient, safe, or continuous
 1734  use, or the maintenance, improvement, extension, or expansion,
 1735  of such public road or publicly owned rail corridor shall, upon
 1736  30 days’ written notice to the utility or its agent by the
 1737  authority, the utility owner must initiate the work necessary to
 1738  alleviate the interference be removed or relocated by such
 1739  utility at its own expense except as provided in paragraphs (a)
 1740  (f). The work must be completed within the time stated in the
 1741  notice, or as agreed to by the authority and the utility owner.
 1742         (a) If the relocation of utility facilities, as referred to
 1743  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
 1744  627 of the 84th Congress, is necessitated by the construction of
 1745  a project on the federal-aid interstate system, including
 1746  extensions thereof within urban areas, and the cost of the
 1747  project is eligible and approved for reimbursement by the
 1748  Federal Government to the extent of 90 percent or more under the
 1749  Federal Aid Highway Act, or any amendment thereof, then in that
 1750  event the utility owning or operating such facilities shall
 1751  perform any necessary work relocate the facilities upon notice
 1752  from order of the department, and the state shall pay the entire
 1753  expense properly attributable to such work relocation after
 1754  deducting therefrom any increase in the value of any the new
 1755  facility and any salvage value derived from any the old
 1756  facility.
 1757         (b) If When a joint agreement between the department and
 1758  the utility is executed for utility improvement, relocation, or
 1759  removal work to be accomplished as part of a contract for the
 1760  construction of a transportation facility, the department may
 1761  participate in those utility work improvement, relocation, or
 1762  removal costs that exceed the department’s official estimate of
 1763  the cost of the work by more than 10 percent. The amount of such
 1764  participation is shall be limited to the difference between the
 1765  official estimate of all the work in the joint agreement plus 10
 1766  percent and the amount awarded for this work in the construction
 1767  contract for such work. The department may not participate in
 1768  any utility work improvement, relocation, or removal costs that
 1769  occur as a result of changes or additions during the course of
 1770  the contract.
 1771         (c) If When an agreement between the department and utility
 1772  is executed for utility improvement, relocation, or removal work
 1773  to be accomplished in advance of a contract for construction of
 1774  a transportation facility, the department may participate in the
 1775  cost of clearing and grubbing necessary to perform such work.
 1776         (d) If the utility facility being removed or relocated was
 1777  initially installed to exclusively serve the department, its
 1778  tenants, or both, the department shall bear the costs of the
 1779  removing or relocating that utility work facility. However, the
 1780  department is not responsible for bearing the cost of utility
 1781  work related to removing or relocating any subsequent additions
 1782  to that facility for the purpose of serving others.
 1783         (e) If, under an agreement between a utility and the
 1784  authority entered into after July 1, 2009, the utility conveys,
 1785  subordinates, or relinquishes a compensable property right to
 1786  the authority for the purpose of accommodating the acquisition
 1787  or use of the right-of-way by the authority, without the
 1788  agreement expressly addressing future responsibility for the
 1789  cost of necessary removing or relocating the utility work, the
 1790  authority shall bear the cost of removal or relocation. This
 1791  paragraph does not impair or restrict, and may not be used to
 1792  interpret, the terms of any such agreement entered into before
 1793  July 1, 2009.
 1794         (f) If the utility is an electric facility being relocated
 1795  underground in order to enhance vehicular, bicycle, and
 1796  pedestrian safety and in which ownership of the electric
 1797  facility to be placed underground has been transferred from a
 1798  private to a public utility within the past 5 years, the
 1799  department shall incur all costs of the necessary utility work
 1800  relocation.
 1801         (2) If utility work such removal or relocation is
 1802  incidental to work to be done on a such road or publicly owned
 1803  rail corridor, the notice must shall be given at the same time
 1804  the contract for the work is advertised for bids, or at least 30
 1805  days before prior to the commencement of the such work by the
 1806  authority, whichever is later.
 1807         (3) If the notice from Whenever an order of the authority
 1808  requires utility work such removal or change in the location of
 1809  any utility from the right-of-way of a public road or publicly
 1810  owned rail corridor, and the owner thereof fails to perform the
 1811  work remove or change the same at his or her own expense to
 1812  conform to the order within the time stated in the notice or
 1813  such other time agreed to by the authority and the utility
 1814  owner, the authority shall proceed to cause the utility work to
 1815  be performed to be removed. The expense thereby incurred shall
 1816  be paid out of any money available therefor, and such expense
 1817  shall, except as provided in subsection (1), be charged against
 1818  the owner and levied, and collected, and paid into the fund from
 1819  which the expense of such work relocation was paid.
 1820         Section 36. Subsection (1) of section 337.404, Florida
 1821  Statutes, is amended to read:
 1822         337.404 Removal or relocation of utility facilities; notice
 1823  and order; court review.—
 1824         (1) If Whenever it is shall become necessary for the
 1825  authority to perform remove or relocate any utility work as
 1826  provided under s. 337.403 in the preceding section, the owner of
 1827  the utility, or the owner’s chief agent, shall be given notice
 1828  that the authority will perform the work of such removal or
 1829  relocation and, after the work is complete, an order requiring
 1830  the payment of the cost thereof, and giving a shall be given
 1831  reasonable time, which may shall not be less than 20 nor more
 1832  than 30 days, in which to appear before the authority to contest
 1833  the reasonableness of the order. If Should the owner or the
 1834  owner’s representative do not appear, the determination of the
 1835  cost to the owner is shall be final. Authorities considered
 1836  agencies for the purposes of chapter 120 shall adjudicate
 1837  removal or relocation of utilities pursuant to chapter 120.
 1838         Section 37. Section 337.408, Florida Statutes, is amended
 1839  to read:
 1840         337.408 Regulation of bus stops, benches, transit shelters,
 1841  street light poles, waste disposal receptacles, and modular news
 1842  racks within rights-of-way.—
 1843         (1) Benches or transit shelters, including advertising
 1844  displayed on benches or transit shelters, may be installed
 1845  within the right-of-way limits of any municipal, county, or
 1846  state road, except a limited access highway, if provided that
 1847  such benches or transit shelters are for the comfort or
 1848  convenience of the general public or are at designated stops on
 1849  official bus routes, and provided that written authorization has
 1850  been given to a qualified private supplier of such service by
 1851  the municipal government within whose incorporated limits such
 1852  benches or transit shelters are installed or by the county
 1853  government within whose unincorporated limits such benches or
 1854  transit shelters are installed.
 1855         (a) A municipality or county may authorize the
 1856  installation, without public bid, of benches and transit
 1857  shelters together with advertising displayed thereon within the
 1858  right-of-way limits of such roads. Any contract for the
 1859  installation of benches or transit shelters or advertising on
 1860  benches or transit shelters which was entered into before April
 1861  8, 1992, without public bidding is ratified and affirmed. Such
 1862         (b) Benches or transit shelters may not interfere with
 1863  right-of-way preservation and maintenance. Any bench or transit
 1864  shelter located on a sidewalk within the right-of-way limits of
 1865  any road on the State Highway System or the county road system
 1866  must shall be located so as to leave at least 36 inches of
 1867  clearance for pedestrians and persons in wheelchairs. Such
 1868  clearance shall be measured in a direction perpendicular to the
 1869  centerline of the road.
 1870         (c) All installations must be in compliance with all
 1871  applicable laws and rules including, without limitation, the
 1872  Americans with Disabilities Act. Municipalities and counties
 1873  shall indemnify, defend, and hold harmless the department from
 1874  any suits, actions, proceedings, claims, losses, costs, charges,
 1875  expenses, damages, liabilities, attorney fees, and court costs
 1876  relating to the installation, removal, or relocation of such
 1877  installations.
 1878         (2) Waste disposal receptacles of less than 110 gallons in
 1879  capacity, including advertising displayed on such waste disposal
 1880  receptacles, may be installed within the right-of-way limits of
 1881  any municipal, county, or state road, except a limited access
 1882  highway if, provided that written authorization has been given
 1883  to a qualified private supplier of such service by the
 1884  appropriate municipal or county government. A municipality or
 1885  county may authorize the installation, without public bid, of
 1886  waste disposal receptacles together with advertising displayed
 1887  thereon within the right-of-way limits of such roads. Such waste
 1888  disposal receptacles may not interfere with right-of-way
 1889  preservation and maintenance.
 1890         (3) Modular news racks, including advertising thereon, may
 1891  be located within the right-of-way limits of any municipal,
 1892  county, or state road, except a limited access highway if,
 1893  provided the municipal government within whose incorporated
 1894  limits such racks are installed or the county government within
 1895  whose unincorporated limits such racks are installed has passed
 1896  an ordinance regulating the placement of modular news racks
 1897  within the right-of-way and has authorized a qualified private
 1898  supplier of modular news racks to provide such service. The
 1899  modular news rack or advertising may thereon shall not exceed a
 1900  height of 56 inches or a total advertising space of 56 square
 1901  feet. Within No later than 45 days before the prior to
 1902  installation of modular news racks, the private supplier shall
 1903  provide a map of proposed locations and typical installation
 1904  plans to the department for approval. If the department does not
 1905  respond within 45 days after receipt of the submitted plans,
 1906  installation may proceed.
 1907         (4) The department may has the authority to direct the
 1908  immediate relocation or removal of any bus stop, bench, transit
 1909  shelter, waste disposal receptacle, public pay telephone, or
 1910  modular news rack that endangers life or property or that is
 1911  otherwise not in compliance with applicable law and rule, except
 1912  that transit bus benches that were placed in service before
 1913  April 1, 1992, are not required to comply with bench size and
 1914  advertising display size requirements established by the
 1915  department before March 1, 1992. If a municipality or county
 1916  fails to comply with the department’s direction, the department
 1917  shall remove the noncompliant installation and charge the cost
 1918  of the removal to the municipality or county, and may deduct or
 1919  offset such cost from any other funding available to the
 1920  municipality or county from the department. Any transit bus
 1921  bench that was in service before April 1, 1992, may be replaced
 1922  with a bus bench of the same size or smaller, if the bench is
 1923  damaged or destroyed or otherwise becomes unusable. The
 1924  department may adopt rules relating to the regulation of bench
 1925  size and advertising display size requirements. If a
 1926  municipality or county within which a bench is to be located has
 1927  adopted an ordinance or other applicable regulation that
 1928  establishes bench size or advertising display sign requirements
 1929  different from requirements specified in department rule, the
 1930  local government requirement applies within the respective
 1931  municipality or county. Placement of any bench or advertising
 1932  display on the National Highway System under a local ordinance
 1933  or regulation adopted under this subsection is subject to
 1934  approval by of the Federal Highway Administration.
 1935         (5) A bus stop, bench, transit shelter, waste disposal
 1936  receptacle, public pay telephone, or modular news rack, or
 1937  advertising thereon, may not be erected or placed on the right
 1938  of-way of any road in a manner that conflicts with the
 1939  requirements of federal law, regulations, or safety standards,
 1940  thereby causing the state or any political subdivision to lose
 1941  the loss of federal funds. Competition among persons seeking to
 1942  provide bus stop, bench, transit shelter, waste disposal
 1943  receptacle, public pay telephone, or modular news rack services
 1944  or advertising on such benches, shelters, receptacles, public
 1945  pay telephone, or news racks may be regulated, restricted, or
 1946  denied by the appropriate local government entity consistent
 1947  with this section.
 1948         (6) Street light poles, including attached public service
 1949  messages and advertisements, may be located within the right-of
 1950  way limits of municipal and county roads in the same manner as
 1951  benches, transit shelters, waste disposal receptacles, and
 1952  modular news racks as provided in this section and in accordance
 1953  with municipal and county ordinances. Public service messages
 1954  and advertisements may be installed on street light poles on
 1955  roads on the State Highway System in accordance with height,
 1956  size, setback, spacing distance, duration of display, safety,
 1957  traffic control, and permitting requirements established by
 1958  administrative rule of the Department of Transportation. Public
 1959  service messages and advertisements are shall be subject to
 1960  bilateral agreements, where applicable, to be negotiated with
 1961  the owner of the street light poles, which shall consider, among
 1962  other things, power source rates, design, safety, operational
 1963  and maintenance concerns, and other matters of public
 1964  importance. For the purposes of this section, the term “street
 1965  light poles” does not include electric transmission or
 1966  distribution poles. The department may shall have authority to
 1967  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 1968  implement the provisions of this section. No Advertising on
 1969  light poles is not shall be permitted on the Interstate Highway
 1970  System. No Permanent structures carrying advertisements attached
 1971  to light poles are not shall be permitted on the National
 1972  Highway System.
 1973         (7) A public pay telephone, including advertising displayed
 1974  thereon, may be installed within the right-of-way limits of any
 1975  municipal, county, or state road, except on a limited access
 1976  highway, if the pay telephone is installed by a provider duly
 1977  authorized and regulated by the Public Service Commission under
 1978  s. 364.3375, if the pay telephone is operated in accordance with
 1979  all applicable state and federal telecommunications regulations,
 1980  and if written authorization has been given to a public pay
 1981  telephone provider by the appropriate municipal or county
 1982  government. Each advertisement must be limited to a size no
 1983  greater than 8 square feet, and a public pay telephone booth may
 1984  not display more than three advertisements at any given time. An
 1985  advertisement is not allowed on public pay telephones located in
 1986  rest areas, welcome centers, or other such facilities located on
 1987  an interstate highway.
 1988         (8) If Wherever the provisions of this section are
 1989  inconsistent with other provisions of this chapter or with the
 1990  provisions of chapter 125, chapter 335, chapter 336, or chapter
 1991  479, the provisions of this section shall prevail.
 1992         Section 38. The Division of Statutory Revision is requested
 1993  to rename chapter 338, Florida Statutes, as “Limited Access and
 1994  Toll Facilities.”
 1995         Section 39. Section 338.001, Florida Statutes, is repealed.
 1996         Section 40. Present subsections (2) through (6) of section
 1997  338.01, Florida Statutes, are renumbered as subsections (3)
 1998  through (7), respectively, and a new subsection (2) is added to
 1999  that section, to read:
 2000         338.01 Authority to establish and regulate limited access
 2001  facilities.—
 2002         (2) The department may establish limited access facilities
 2003  as provided in s. 335.02. The primary function of these limited
 2004  access facilities is to allow high-speed and high-volume traffic
 2005  movements within the state. Access to abutting land is
 2006  subordinate to this function and must be prohibited or highly
 2007  regulated.
 2008         Section 41. Section 338.151, Florida Statutes, is created
 2009  to read:
 2010         338.151Authority of the department to establish tolls on
 2011  the State Highway System.—The department may establish tolls on
 2012  new limited access facilities on the State Highway System, lanes
 2013  added to existing limited access facilities on the State Highway
 2014  System, new major bridges on the State Highway System over
 2015  waterways, and replacements for existing major bridges on the
 2016  State Highway System over waterways in order to pay for, fully
 2017  or partially, the cost of such projects. Except for high
 2018  occupancy vehicle lanes, express lanes, the turnpike system, and
 2019  as otherwise authorized by law, the department may not establish
 2020  tolls on lanes of limited access facilities that exist on July
 2021  1, 2012. The authority provided in this section is in addition
 2022  to the authority provided under the Florida Turnpike Enterprise
 2023  Law and s. 338.166.
 2024         Section 42. Subsection (1) of section 338.155, Florida
 2025  Statutes, is amended to read:
 2026         338.155 Payment of toll on toll facilities required;
 2027  exemptions.—
 2028         (1) A person may not No persons are permitted to use a any
 2029  toll facility without payment of tolls, except employees of the
 2030  agency operating the toll project who are when using the toll
 2031  facility on official state business, state military personnel
 2032  while on official military business, handicapped persons as
 2033  provided in this section, persons exempt from toll payment by
 2034  the authorizing resolution for bonds issued to finance the
 2035  facility, and persons exempt on a temporary basis if where use
 2036  of such toll facility is required as a detour route. A Any law
 2037  enforcement officer operating a marked official vehicle is
 2038  exempt from toll payment when on official law enforcement
 2039  business. Any person operating a fire vehicle when on official
 2040  business or a rescue vehicle when on official business is exempt
 2041  from toll payment. Any person participating in the funeral
 2042  procession of a law enforcement officer or firefighter killed in
 2043  the line of duty is exempt from toll payment. The secretary, or
 2044  the secretary’s designee, may suspend the payment of tolls on a
 2045  toll facility if when necessary to assist in emergency
 2046  evacuation. The failure to pay a prescribed toll is constitutes
 2047  a noncriminal traffic infraction, punishable as a moving
 2048  violation pursuant to s. 318.18. The department may is
 2049  authorized to adopt rules relating to the payment, collection,
 2050  and enforcement of tolls, as authorized in chapters 316, 318,
 2051  320, 322, and 338, including, but not limited to, rules for the
 2052  implementation of video or other image billing and variable
 2053  pricing. The department may, by rule, allow public transit
 2054  vehicles or vehicles participating in a funeral procession for
 2055  an active-duty military service member to use a toll facility
 2056  managed by the department without payment if the toll revenues
 2057  of the facility are not pledged to the repayment of bonds.
 2058         Section 43. Subsections (1) and (3) of section 338.166,
 2059  Florida Statutes, are amended to read:
 2060         338.166 High-occupancy toll lanes or express lanes.—
 2061         (1) Under s. 11, Art. VII of the State Constitution, the
 2062  department may request the Division of Bond Finance to issue
 2063  bonds secured by toll revenues collected on high-occupancy toll
 2064  lanes or express lanes located on Interstate 95 in Miami-Dade
 2065  and Broward Counties.
 2066         (3) Any remaining toll revenue from the high-occupancy toll
 2067  lanes or express lanes shall be used by the department for the
 2068  construction, maintenance, or improvement of any road on the
 2069  State Highway System within the county or counties where the
 2070  toll revenues were collected or to support express bus service
 2071  on the facility where the toll revenues were collected.
 2072         Section 44. Paragraph (a) of subsection (8) of section
 2073  338.221, Florida Statutes, is amended to read:
 2074         338.221 Definitions of terms used in ss. 338.22-338.241.—As
 2075  used in ss. 338.22-338.241, the following words and terms have
 2076  the following meanings, unless the context indicates another or
 2077  different meaning or intent:
 2078         (8) “Economically feasible” means:
 2079         (a) For a proposed turnpike project, that, as determined by
 2080  the department before the issuance of revenue bonds for the
 2081  project, the estimated net revenues of the proposed turnpike
 2082  project, excluding feeder roads and turnpike improvements, will
 2083  be sufficient to pay at least 50 percent of the annual debt
 2084  service on the bonds associated with the project by the end of
 2085  the 12th year of operation and to pay at least 100 percent of
 2086  the debt service on the bonds by the end of the 30th 22nd year
 2087  of operation. In implementing this paragraph, up to 50 percent
 2088  of the adopted work program costs of the project may be funded
 2089  from turnpike revenues.
 2090  
 2091  This subsection does not prohibit the pledging of revenues from
 2092  the entire turnpike system to bonds issued to finance or
 2093  refinance a turnpike project or group of turnpike projects.
 2094         Section 45. Paragraphs (a) and (b) of subsection (1) of
 2095  section 338.223, Florida Statutes, are amended to read:
 2096         338.223 Proposed turnpike projects.—
 2097         (1)(a) Any proposed project to be constructed or acquired
 2098  as part of the turnpike system and any turnpike improvement must
 2099  shall be included in the tentative work program. A No proposed
 2100  project or group of proposed projects may not shall be added to
 2101  the turnpike system unless such project is or projects are
 2102  determined to be economically feasible and a statement of
 2103  environmental feasibility has been completed for the such
 2104  project or projects and such projects are determined to be
 2105  consistent, to the maximum extent feasible, with approved local
 2106  government comprehensive plans of the local governments in which
 2107  the project is such projects are located. The department may
 2108  authorize engineering studies, traffic studies, environmental
 2109  studies, and other expert studies of the location, costs,
 2110  economic feasibility, and practicality of proposed turnpike
 2111  projects throughout the state and may proceed with the design
 2112  phase of such projects. The department may shall not request
 2113  legislative approval of a proposed turnpike project until the
 2114  design phase of that project is at least 30 60 percent complete.
 2115  If a proposed project or group of proposed projects is found to
 2116  be economically feasible and, consistent, to the maximum extent
 2117  feasible, with approved local government comprehensive plans of
 2118  the local governments in which such projects are located to the
 2119  maximum extent feasible, and a favorable statement of
 2120  environmental feasibility has been completed, the department,
 2121  with the approval of the Legislature, shall, after the receipt
 2122  of all necessary permits, construct, maintain, and operate such
 2123  turnpike projects.
 2124         (b) Any proposed turnpike project or improvement shall be
 2125  developed in accordance with the Florida Transportation Plan and
 2126  the work program pursuant to s. 339.135. Turnpike projects that
 2127  add capacity, alter access, affect feeder roads, or affect the
 2128  operation of the local transportation system shall be included
 2129  in the transportation improvement plan of the affected
 2130  metropolitan planning organization. If such turnpike project
 2131  does not fall within the jurisdiction of a metropolitan planning
 2132  organization, the department shall notify the affected county
 2133  and provide for public hearings in accordance with s.
 2134  339.155(5)(c) 339.155(6)(c).
 2135         Section 46. Subsection (4) of section 338.227, Florida
 2136  Statutes, is amended to read:
 2137         338.227 Turnpike revenue bonds.—
 2138         (4) The Department of Transportation and the Department of
 2139  Management Services shall create and implement an outreach
 2140  program designed to enhance the participation of minority
 2141  persons and minority business enterprises in all contracts
 2142  entered into by the their respective departments for services
 2143  related to the financing of department projects for the
 2144  Strategic Intermodal System Plan developed pursuant to s. 339.64
 2145  Florida Intrastate Highway System Plan. These services shall
 2146  include, but are not be limited to, bond counsel and bond
 2147  underwriters.
 2148         Section 47. Subsection (2) of section 338.2275, Florida
 2149  Statutes, is amended to read:
 2150         338.2275 Approved turnpike projects.—
 2151         (2) The department may is authorized to use turnpike
 2152  revenues, the State Transportation Trust Fund moneys allocated
 2153  for turnpike projects pursuant to s. 339.65 338.001, federal
 2154  funds, and bond proceeds, and shall use the most cost-efficient
 2155  combination of such funds, to develop in developing a financial
 2156  plan for funding turnpike projects. The department must submit a
 2157  report of the estimated cost for each ongoing turnpike project
 2158  and for each planned project to the Legislature 14 days before
 2159  the convening of the regular legislative session. Verification
 2160  of economic feasibility and statements of environmental
 2161  feasibility for individual turnpike projects must be based on
 2162  the entire project as approved. Statements of environmental
 2163  feasibility are not required for those projects listed in s. 12,
 2164  chapter 90-136, Laws of Florida, for which the Project
 2165  Development and Environmental Reports were completed by July 1,
 2166  1990. All required environmental permits must be obtained before
 2167  the department may advertise for bids for contracts for the
 2168  construction of any turnpike project.
 2169         Section 48. Section 338.228, Florida Statutes, is amended
 2170  to read:
 2171         338.228 Bonds not debts or pledges of credit of state.
 2172  Turnpike revenue bonds issued under the provisions of ss.
 2173  338.22-338.241 are not debts of the state or pledges of the
 2174  faith and credit of the state. Such bonds are payable
 2175  exclusively from revenues pledged for their payment. All such
 2176  bonds must shall contain a statement on their face that the
 2177  state is not obligated to pay the same or the interest thereon,
 2178  except from the revenues pledged for their payment, and that the
 2179  faith and credit of the state is not pledged to the payment of
 2180  the principal or interest of such bonds. The issuance of
 2181  turnpike revenue bonds under the provisions of ss. 338.22
 2182  338.241 does not directly, indirectly, or contingently obligate
 2183  the state to levy or to pledge any form of taxation whatsoever,
 2184  or to make any appropriation for their payment. Except as
 2185  provided in ss. 338.001, 338.223, and 338.2275, and 339.65, no
 2186  state funds may not shall be used on any turnpike project or to
 2187  pay the principal or interest of any bonds issued to finance or
 2188  refinance any portion of the turnpike system, and all such bonds
 2189  must shall contain a statement on their face to this effect.
 2190         Section 49. Paragraph (c) is added to subsection (3) of
 2191  section 338.231, Florida Statutes, to read:
 2192         338.231 Turnpike tolls, fixing; pledge of tolls and other
 2193  revenues.—The department shall at all times fix, adjust, charge,
 2194  and collect such tolls and amounts for the use of the turnpike
 2195  system as are required in order to provide a fund sufficient
 2196  with other revenues of the turnpike system to pay the cost of
 2197  maintaining, improving, repairing, and operating such turnpike
 2198  system; to pay the principal of and interest on all bonds issued
 2199  to finance or refinance any portion of the turnpike system as
 2200  the same become due and payable; and to create reserves for all
 2201  such purposes.
 2202         (3)
 2203         (c) Notwithstanding any other law, the department shall
 2204  also assess an administrative fee of 25 cents per month as an
 2205  account maintenance charge to be applied against any prepaid
 2206  toll account of any kind which remains inactive for at least 24
 2207  months but not longer than 48 months. As long as a zero or
 2208  negative balance has not been reached, the administrative fee
 2209  shall be charged for each month of inactivity beginning with the
 2210  25th month of inactivity and continuing through the 48th month.
 2211  If the fee results in an account reaching a zero or negative
 2212  balance, the department shall close the account. If a positive
 2213  balance still remains after the 48th month, the balance shall be
 2214  presumed unclaimed and its disposition handled by the Department
 2215  of Financial Services in accordance with chapter 717 relating to
 2216  the disposition of unclaimed property, and the prepaid toll
 2217  account shall be closed by the department.
 2218         Section 50. Subsection (2) of section 338.234, Florida
 2219  Statutes, is amended to read:
 2220         338.234 Granting concessions or selling along the turnpike
 2221  system; immunity from taxation.—
 2222         (2) The effectuation of the authorized purposes of the
 2223  Strategic Intermodal System created pursuant to ss. 339.61
 2224  339.65 Florida Intrastate Highway System and Florida Turnpike
 2225  Enterprise, created under this chapter, is for the benefit of
 2226  the people of the state, for the increase of their commerce and
 2227  prosperity, and for the improvement of their health and living
 2228  conditions; and, because the system and enterprise perform
 2229  essential government functions in effectuating such purposes,
 2230  neither the turnpike enterprise nor any nongovernment lessee or
 2231  licensee renting, leasing, or licensing real property from the
 2232  turnpike enterprise, pursuant to an agreement authorized by this
 2233  section, are required to pay any commercial rental tax imposed
 2234  under s. 212.031 on any capital improvements constructed,
 2235  improved, acquired, installed, or used for such purposes.
 2236         Section 51. Section 339.0805, Florida Statutes, is amended
 2237  to read:
 2238         339.0805 Funds to be expended with certified disadvantaged
 2239  business enterprises; specified percentage to be expended;
 2240  construction management development program; bond guarantee
 2241  program.—It is the policy of the state to meaningfully assist
 2242  socially and economically disadvantaged business enterprises
 2243  through a program that provides will provide for the development
 2244  of skills through construction and business management training,
 2245  as well as by providing contracting opportunities and financial
 2246  assistance in the form of bond guarantees, to primarily remedy
 2247  the effects of past economic disparity.
 2248         (1)(a) Except to the extent that the head of the department
 2249  determines otherwise, The department shall expend not less than
 2250  10 percent of federal-aid highway funds as defined in 49 C.F.R.
 2251  part 26 s. 23.63(a) and state matching funds with small business
 2252  concerns owned and controlled by socially and economically
 2253  disadvantaged individuals as those terms are defined by the
 2254  Safe, Accountable, Flexible, Efficient Transportation Equity
 2255  Act: A Legacy for Users (SAFETEA-LU) Surface Transportation and
 2256  Uniform Relocation Assistance Act of 1987.
 2257         (b) Upon a determination by the department of past and
 2258  continuing discrimination in nonfederally funded projects on the
 2259  basis of race, color, creed, national origin, or sex, the
 2260  department may implement a program tailored to address specific
 2261  findings of disparity. The program may include the establishment
 2262  of annual goals for expending a percentage of state-administered
 2263  highway funds with small business concerns. The department may
 2264  use utilize set-asides for small business concerns to assist in
 2265  achieving goals established pursuant to this subsection. For the
 2266  purpose of this subsection, “small business concern” means a
 2267  business owned and controlled by socially and economically
 2268  disadvantaged individuals as defined by the Safe, Accountable,
 2269  Flexible, Efficient Transportation Equity Act: A Legacy for
 2270  Users (SAFETEA-LU) Surface Transportation and Uniform Relocation
 2271  Assistance Act of 1987. The head of the department may elect to
 2272  set goals only when significant disparity is documented. The
 2273  findings of a disparity study must shall be considered in
 2274  determining the program goals for each group qualified to
 2275  participate. Such a study shall be conducted or updated by the
 2276  department or its designee at a minimum of every 5 years. The
 2277  department shall adopt rules to implement this subsection on or
 2278  before October 1, 1993.
 2279         (c) The department shall certify a socially and
 2280  economically disadvantaged business enterprise, which
 2281  certification shall be valid for 12 months, or as prescribed by
 2282  49 C.F.R. part 23. The department’s initial application for
 2283  certification must for a socially and economically disadvantaged
 2284  business enterprise shall require sufficient information to
 2285  determine eligibility as a small business concern owned and
 2286  controlled by a socially and economically disadvantaged
 2287  individual. For continuing eligibility recertification of a
 2288  disadvantaged business enterprise, the department may accept an
 2289  affidavit, which meets department criteria as to form and
 2290  content, certifying that the business remains qualified for
 2291  certification in accordance with program requirements. A firm
 2292  that which does not fulfill all the department’s criteria for
 2293  certification may shall not be considered a disadvantaged
 2294  business enterprise. An applicant who is denied certification
 2295  may not reapply within 12 6 months after issuance of the denial
 2296  letter or the final order, whichever is later. The application
 2297  and financial information required by this section are
 2298  confidential and exempt from s. 119.07(1).
 2299         (2) The department shall remove revoke the certification of
 2300  a disadvantaged business enterprise upon receipt of notification
 2301  that of any change in ownership which results in the
 2302  disadvantaged individual or individuals who were used to qualify
 2303  the business as a disadvantaged business enterprise, no longer
 2304  own owning at least 51 percent of the business enterprise. Such
 2305  notification must shall be made to the department by certified
 2306  mail within 30 10 days after the change in ownership, and such
 2307  business shall be removed from the certified disadvantaged
 2308  business list until a new application is submitted and approved
 2309  by the department. Failure to notify the department of the
 2310  change in the ownership that which qualifies the business as a
 2311  disadvantaged business enterprise will also result in removal
 2312  revocation of certification and subject the business to the
 2313  provisions of s. 337.135. In addition, the department may, for
 2314  good cause, deny or remove suspend the certification of a
 2315  disadvantaged business enterprise. As used in this subsection,
 2316  the term “good cause” includes, but is not limited to, a the
 2317  disadvantaged business enterprise that:
 2318         (a) No longer meets meeting the certification standards set
 2319  forth in department rules;
 2320         (b) Makes Making a false, deceptive, or fraudulent
 2321  statement in its application for certification or in any other
 2322  information submitted to the department;
 2323         (c) Fails Failing to maintain the records required by
 2324  department rules;
 2325         (d) Fails Failing to perform a commercially useful function
 2326  on projects for which the enterprise was used to satisfy
 2327  contract goals;
 2328         (e) Fails Failing to fulfill its contractual obligations
 2329  with contractors;
 2330         (f) Fails Failing to respond with a statement of interest
 2331  to requests for bid quotations from contractors for three
 2332  consecutive lettings;
 2333         (g) Subcontracting to others more than 49 percent of the
 2334  amount of any single subcontract that was used by the prime
 2335  contractor to meet a contract goal;
 2336         (g)(h)Fails Failing to provide notarized certification of
 2337  payments received on specific projects to the prime contractor
 2338  if when required to do so by contract specifications;
 2339         (h)(i)Fails Failing to schedule an onsite review upon
 2340  request of the department; or
 2341         (i)(j)Becomes Becoming insolvent or the subject of a
 2342  bankruptcy proceeding.
 2343         (3) The head of the department may is authorized to expend
 2344  up to 6 percent of the funds specified in subsection (1), which
 2345  are designated to be expended on small business firms owned and
 2346  controlled by socially and economically disadvantaged
 2347  individuals, to conduct, by contract or otherwise, a
 2348  construction management development program. Participation in
 2349  the program is will be limited to those firms that which are
 2350  certified under the provisions of subsection (1) by the
 2351  department or the federal Small Business Administration, or to
 2352  any firm that meets the definition of a small business in 49
 2353  C.F.R. s. 26.65 which has annual gross receipts not exceeding $2
 2354  million averaged over a 3-year period. The program will consist
 2355  of classroom instruction and on-the-job instruction. To the
 2356  extent feasible, the registration fee shall be set to cover the
 2357  cost of instruction and overhead. A No salary may not will be
 2358  paid to a any participant.
 2359         (a) Classroom instruction must include will consist of, but
 2360  is not limited to, project planning methods for identifying
 2361  personnel, equipment, and financial resource needs; bookkeeping;
 2362  state bidding and bonding requirements; state and federal tax
 2363  requirements; and strategies for obtaining loans, bonding, and
 2364  joint venture agreements.
 2365         (b) On-the-job instruction must include will consist of,
 2366  but is not limited to, setting up the job site; cash-flow
 2367  methods; project scheduling; quantity takeoffs; estimating;
 2368  reading plans and specifications; department procedures on
 2369  billing and payments; quality assessment and control methods;
 2370  and bid preparation methods.
 2371         (c) Contractors who have demonstrated satisfactory project
 2372  performance, as defined by the department, may can be exempted
 2373  from the provisions of paragraphs (a) and (b) and be validated
 2374  as meeting the minimum curriculum standards of proficiency, in
 2375  the same manner as participants who successfully complete the
 2376  construction management development program only if they intend
 2377  to apply for funds under provided for in subsection (4).
 2378         (d) The department shall develop, under contract with the
 2379  State University System, the community college system, a school
 2380  district on in behalf of its career center, or a private
 2381  consulting firm, a curriculum for instruction in the courses
 2382  that will lead to a certification of proficiency in the
 2383  construction management development program.
 2384         (4) The head of the department may is authorized to expend
 2385  up to 4 percent of the funds specified in subsection (1) on a
 2386  bond guarantee program for participants who are certified under
 2387  subsection (1) and who meet the minimum curriculum standards of
 2388  proficiency. The state shall will guarantee up to 90 percent of
 2389  a bond amount of $250,000, or less, and 80 percent of a bond
 2390  amount greater than $250,000, which bond is provided by an
 2391  approved surety. However, in addition to the requirements of
 2392  paragraph (3)(c), the department shall retain 5 percent of the
 2393  total contract amount designated for the disadvantaged business
 2394  enterprise until final acceptance of the project, in order to
 2395  receive a bond guarantee. The department may shall not commit
 2396  funds for this program which are in excess of those funds
 2397  appropriated specifically for this purpose.
 2398         (5) Annually, The head of the department must annually is
 2399  required to report on the progress of the this program to the
 2400  President of the Senate, the Speaker of the House of
 2401  Representatives, and the Governor. The report must shall
 2402  include, as a minimum, the number of users of the bond guarantee
 2403  plan, along with the number of defaults and dollar loss to the
 2404  state; the number of students participating in the construction
 2405  management development program by urban location; the number
 2406  certified and not certified; the cost of the program categorized
 2407  by cost of administration, cost of instruction (on-the-job and
 2408  classroom instruction), and cost of supplies; and a comparison
 2409  figure of those firms certified by the department under
 2410  subsection (1) over the year, and the same figure for socially
 2411  and economically disadvantaged contractors prequalified to
 2412  perform prime contracting work for the department.
 2413         Section 52. Paragraph (c) of subsection (4) and paragraph
 2414  (e) of subsection (7) of section 339.135, Florida Statutes, are
 2415  amended to read:
 2416         339.135 Work program; legislative budget request;
 2417  definitions; preparation, adoption, execution, and amendment.—
 2418         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 2419         (c)1. For purposes of this section, the board of county
 2420  commissioners shall serve as the metropolitan planning
 2421  organization in those counties that which are not located in a
 2422  metropolitan planning organization and shall be involved in the
 2423  development of the district work program to the same extent as a
 2424  metropolitan planning organization.
 2425         2. The district work program shall be developed
 2426  cooperatively from the outset with the various metropolitan
 2427  planning organizations of the state and include, to the maximum
 2428  extent feasible, the project priorities of metropolitan planning
 2429  organizations which have been submitted to the district by
 2430  October 1 of each year pursuant to s. 339.175(8)(b); however,
 2431  the department and a metropolitan planning organization may, in
 2432  writing, cooperatively agree to vary the this submittal date. To
 2433  assist the metropolitan planning organizations in developing
 2434  their lists of project priorities, the district shall disclose
 2435  to each metropolitan planning organization any anticipated
 2436  changes in the allocation or programming of state and federal
 2437  funds which may affect the inclusion of metropolitan planning
 2438  organization project priorities in the district work program.
 2439         3. Before Prior to submittal of the district work program
 2440  to the central office, the district shall provide the affected
 2441  metropolitan planning organization with written justification
 2442  for any project proposed to be rescheduled or deleted from the
 2443  district work program which project is part of the metropolitan
 2444  planning organization’s transportation improvement program and
 2445  is contained in the last 4 years of the previous adopted work
 2446  program. Within By no later than 14 days after submittal of the
 2447  district work program to the central office, the affected
 2448  metropolitan planning organization may file an objection to such
 2449  rescheduling or deletion. If When an objection is filed with the
 2450  secretary, the rescheduling or deletion may shall not be
 2451  included in the district work program unless the inclusion of
 2452  the such rescheduling or deletion is specifically approved by
 2453  the secretary. The Florida Transportation Commission shall
 2454  include such objections in its evaluation of the tentative work
 2455  program only when the secretary has approved the rescheduling or
 2456  deletion.
 2457         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2458         (e) The department may amend the adopted work program to
 2459  transfer fixed capital outlay appropriations for projects within
 2460  the same appropriations category or between appropriations
 2461  categories, including the following amendments, which are shall
 2462  be subject to the procedures in paragraph (f):
 2463         1. An Any amendment that which deletes any project or
 2464  project phase estimated to cost more than $150,000;
 2465         2. An Any amendment that which adds a project estimated to
 2466  cost over $500,000 $150,000 in funds appropriated by the
 2467  Legislature;
 2468         3. An Any amendment that which advances or defers to
 2469  another fiscal year, a right-of-way phase, a construction phase,
 2470  or a public transportation project phase estimated to cost over
 2471  $1.5 million $500,000 in funds appropriated by the Legislature,
 2472  except an amendment advancing a phase by 1 year to the current
 2473  fiscal year or deferring a phase for a period of 90 days or
 2474  less; or
 2475         4. An Any amendment that which advances or defers to
 2476  another fiscal year, a any preliminary engineering phase or
 2477  design phase estimated to cost over $500,000 $150,000 in funds
 2478  appropriated by the Legislature, except an amendment advancing a
 2479  phase by 1 year to the current fiscal year or deferring a phase
 2480  for a period of 90 days or less.
 2481  
 2482  Beginning July 1, 2013, the department shall index the budget
 2483  amendment threshold amounts established in this paragraph to the
 2484  Consumer Price Index or similar inflation indicators. Threshold
 2485  adjustments for inflation may not be made more than once per
 2486  year. Adjustments for inflation are subject to the notice and
 2487  review procedures in s. 216.177.
 2488         Section 53. Section 339.155, Florida Statutes, is amended
 2489  to read:
 2490         339.155 Transportation planning.—
 2491         (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
 2492  develop and annually update a statewide transportation plan, to
 2493  be known as the Florida Transportation Plan. The plan shall be
 2494  designed so as to be easily read and understood by the general
 2495  public. The plan must shall consider the needs of the entire
 2496  state transportation system and examine the use of all modes of
 2497  transportation in order to effectively and efficiently meet such
 2498  needs. The purpose of the Florida Transportation plan is to
 2499  establish and define the state’s long-range transportation goals
 2500  and objectives to be accomplished over a period of at least 20
 2501  years within the context of the State Comprehensive Plan, and
 2502  any other statutory mandates and authorizations and based upon
 2503  the prevailing principles of:
 2504         (a) Preserving the existing transportation infrastructure.
 2505         (b) Enhancing the state’s Florida’s economic
 2506  competitiveness.
 2507         (c) Improving travel choices to ensure mobility.
 2508         (d) Expanding the state’s role as a hub for trade and
 2509  investment.
 2510         (2) SCOPE OF PLANNING PROCESS.—The department shall carry
 2511  out a transportation planning process in conformance with s.
 2512  334.046(1) and 23 U.S.C. s. 135 which provides for consideration
 2513  of projects and strategies that will:
 2514         (a) Support the economic vitality of the United States,
 2515  Florida, and the metropolitan areas, especially by enabling
 2516  global competitiveness, productivity, and efficiency;
 2517         (b) Increase the safety and security of the transportation
 2518  system for motorized and nonmotorized users;
 2519         (c) Increase the accessibility and mobility options
 2520  available to people and for freight;
 2521         (d) Protect and enhance the environment, promote energy
 2522  conservation, and improve quality of life;
 2523         (e) Enhance the integration and connectivity of the
 2524  transportation system, across and between modes throughout
 2525  Florida, for people and freight;
 2526         (f) Promote efficient system management and operation; and
 2527         (g) Emphasize the preservation of the existing
 2528  transportation system.
 2529         (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
 2530  Transportation Plan must shall be a unified, concise planning
 2531  document that clearly defines the state’s long-range
 2532  transportation goals and objectives and documents the
 2533  department’s short-range objectives developed to further such
 2534  goals and objectives. The plan must: shall
 2535         (a) Include a glossary that clearly and succinctly defines
 2536  any and all phrases, words, or terms of art included in the
 2537  plan, with which the general public may be unfamiliar. and shall
 2538  consist of, at a minimum, the following components:
 2539         (b)(a)Document A long-range component documenting the
 2540  goals and long-term objectives necessary to implement the
 2541  results of the department’s findings from its examination of the
 2542  criteria specified listed in subsection (2) and s. 334.046(1)
 2543  and 23 U.S.C. s. 135. The long-range component must
 2544         (c) Be developed in cooperation with the metropolitan
 2545  planning organizations and reconciled, to the maximum extent
 2546  feasible, with the long-range plans developed by metropolitan
 2547  planning organizations pursuant to s. 339.175. The plan must
 2548  also
 2549         (d) Be developed in consultation with affected local
 2550  officials in nonmetropolitan areas and with any affected Indian
 2551  tribal governments. The plan must
 2552         (e) Provide an examination of transportation issues likely
 2553  to arise during at least a 20-year period. The long-range
 2554  component shall
 2555         (f) Be updated at least once every 5 years, or more often
 2556  as necessary, to reflect substantive changes to federal or state
 2557  law.
 2558         (b) A short-range component documenting the short-term
 2559  objectives and strategies necessary to implement the goals and
 2560  long-term objectives contained in the long-range component. The
 2561  short-range component must define the relationship between the
 2562  long-range goals and the short-range objectives, specify those
 2563  objectives against which the department’s achievement of such
 2564  goals will be measured, and identify transportation strategies
 2565  necessary to efficiently achieve the goals and objectives in the
 2566  plan. It must provide a policy framework within which the
 2567  department’s legislative budget request, the strategic
 2568  information resource management plan, and the work program are
 2569  developed. The short-range component shall serve as the
 2570  department’s annual agency strategic plan pursuant to s.
 2571  186.021. The short-range component shall be developed consistent
 2572  with available and forecasted state and federal funds. The
 2573  short-range component shall also be submitted to the Florida
 2574  Transportation Commission.
 2575         (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
 2576  an annual performance report evaluating the operation of the
 2577  department for the preceding fiscal year. The report shall also
 2578  include a summary of the financial operations of the department
 2579  and shall annually evaluate how well the adopted work program
 2580  meets the short-term objectives contained in the short-range
 2581  component of the Florida Transportation Plan. This performance
 2582  report shall be submitted to the Florida Transportation
 2583  Commission and the legislative appropriations and transportation
 2584  committees.
 2585         (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
 2586         (a) Upon request by local governmental entities, the
 2587  department may in its discretion develop and design
 2588  transportation corridors, arterial and collector streets,
 2589  vehicular parking areas, and other support facilities that which
 2590  are consistent with the department’s plans of the department for
 2591  major transportation facilities. The department may render to
 2592  local governmental entities or their planning agencies such
 2593  technical assistance and services as are necessary so that local
 2594  plans and facilities are coordinated with the plans and
 2595  facilities of the department.
 2596         (b) Each regional planning council, as provided for in s.
 2597  186.504, or any successor agency thereto, shall develop, as an
 2598  element of its strategic regional policy plan, transportation
 2599  goals and policies. The transportation goals and policies must
 2600  be prioritized to comply with the prevailing principles provided
 2601  in subsection (1) (2) and s. 334.046(1). The transportation
 2602  goals and policies must shall be consistent, to the maximum
 2603  extent feasible, with the goals and policies of the metropolitan
 2604  planning organization and the Florida Transportation Plan. The
 2605  transportation goals and policies of the regional planning
 2606  council are will be advisory only and must shall be submitted to
 2607  the department and any affected metropolitan planning
 2608  organization for their consideration and comments. Metropolitan
 2609  planning organization plans and other local transportation plans
 2610  must shall be developed to be consistent, to the maximum extent
 2611  feasible, with the regional transportation goals and policies.
 2612  The regional planning council shall review urbanized area
 2613  transportation plans and any other planning products stipulated
 2614  in s. 339.175 and provide the department and respective
 2615  metropolitan planning organizations with written recommendations
 2616  that which the department and the metropolitan planning
 2617  organizations shall take under advisement. Further, The regional
 2618  planning councils shall also directly assist local governments
 2619  that which are not part of a metropolitan area transportation
 2620  planning process in the development of the transportation
 2621  element of their comprehensive plans as required by s. 163.3177.
 2622         (c) Regional transportation plans may be developed in
 2623  regional transportation areas in accordance with an interlocal
 2624  agreement entered into pursuant to s. 163.01 by two or more
 2625  contiguous metropolitan planning organizations; one or more
 2626  metropolitan planning organizations and one or more contiguous
 2627  counties, none of which is a member of a metropolitan planning
 2628  organization; a multicounty regional transportation authority
 2629  created by or pursuant to law; two or more contiguous counties
 2630  that are not members of a metropolitan planning organization; or
 2631  metropolitan planning organizations comprised of three or more
 2632  counties.
 2633         (d) The interlocal agreement must, at a minimum, identify
 2634  the entity that will coordinate the development of the regional
 2635  transportation plan; delineate the boundaries of the regional
 2636  transportation area; provide the duration of the agreement and
 2637  specify how the agreement may be terminated, modified, or
 2638  rescinded; describe the process by which the regional
 2639  transportation plan will be developed; and provide how members
 2640  of the entity will resolve disagreements regarding
 2641  interpretation of the interlocal agreement or disputes relating
 2642  to the development or content of the regional transportation
 2643  plan. Such interlocal agreement becomes shall become effective
 2644  upon its recordation in the official public records of each
 2645  county in the regional transportation area.
 2646         (e) The regional transportation plan developed pursuant to
 2647  this section must, at a minimum, identify regionally significant
 2648  transportation facilities located within a regional
 2649  transportation area and contain a prioritized list of regionally
 2650  significant projects. The projects shall be adopted into the
 2651  capital improvements schedule of the local government
 2652  comprehensive plan pursuant to s. 163.3177(3).
 2653         (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
 2654  TRANSPORTATION PLANNING.—
 2655         (a) During the development of the long-range component of
 2656  the Florida Transportation Plan, and before prior to substantive
 2657  revisions, the department shall provide citizens, affected
 2658  public agencies, representatives of transportation agency
 2659  employees, other affected employee representatives, private
 2660  providers of transportation, and other known interested parties
 2661  with an opportunity to comment on the proposed plan or
 2662  revisions. These opportunities shall include, at a minimum,
 2663  include publishing a notice in the Florida Administrative Weekly
 2664  and within a newspaper of general circulation within the area of
 2665  each department district office.
 2666         (b) During development of major transportation
 2667  improvements, such as those increasing the capacity of a
 2668  facility through the addition of new lanes or providing new
 2669  access to a limited or controlled access facility or
 2670  construction of a facility in a new location, the department
 2671  shall hold one or more hearings before selecting prior to the
 2672  selection of the facility to be provided, selecting; prior to
 2673  the selection of the site or corridor of the proposed facility,
 2674  and selecting and committing; and prior to the selection of and
 2675  commitment to a specific design proposal for the proposed
 2676  facility. Such public hearings must shall be conducted so as to
 2677  provide an opportunity for effective participation by interested
 2678  persons in the process of transportation planning and site and
 2679  route selection and in the specific location and design of
 2680  transportation facilities. The various factors involved in the
 2681  decision or decisions and any alternative proposals must shall
 2682  be clearly presented so that the persons attending the hearing
 2683  may present their views relating to the decision or decisions to
 2684  which will be made.
 2685         (c) Opportunity for design hearings:
 2686         1. The department, before prior to holding a design
 2687  hearing, must shall duly notify all affected property owners of
 2688  record, as recorded in the property appraiser’s office, by mail
 2689  at least 20 days before prior to the date set for the hearing.
 2690  The affected property owners are shall be:
 2691         a. Those whose property lies in whole or in part within 300
 2692  feet on either side of the centerline of the proposed facility.
 2693         b. Those whom the department determines will be
 2694  substantially affected environmentally, economically, socially,
 2695  or safetywise.
 2696         2. For each subsequent hearing, the department shall
 2697  publish notice before prior to the hearing date in a newspaper
 2698  of general circulation for the area affected. The These notices
 2699  must be published twice, with the first notice appearing at
 2700  least 15 days, but no later than 30 days, before the hearing.
 2701         3. A copy of the notice of opportunity for the hearing must
 2702  be furnished to the United States Department of Transportation
 2703  and to the appropriate departments of the state government at
 2704  the time of publication.
 2705         4. The opportunity for another hearing must be provided
 2706  shall be afforded in any case where when proposed locations or
 2707  designs are so changed from those presented in the notices
 2708  specified in this paragraph above or at a hearing as to have a
 2709  substantially different social, economic, or environmental
 2710  effect.
 2711         5. The opportunity for a hearing must be provided shall be
 2712  afforded in any each case in which the department is in doubt as
 2713  to whether a hearing is required.
 2714         Section 54. Paragraph (a) of subsection (4) and paragraph
 2715  (b) of subsection (8) of section 339.175, Florida Statutes, are
 2716  amended to read:
 2717         339.175 Metropolitan planning organization.—
 2718         (4) APPORTIONMENT.—
 2719         (a) The Governor shall, with the agreement of the affected
 2720  units of general-purpose local government as required by federal
 2721  rules and regulations, shall apportion the membership on the
 2722  applicable M.P.O. among the various governmental entities within
 2723  the area. At the request of a majority of the affected units of
 2724  general-purpose local government comprising an M.P.O., the
 2725  Governor and a majority of units of general-purpose local
 2726  government serving on an M.P.O. shall cooperatively agree upon
 2727  and prescribe who may serve as an alternate member and a method
 2728  for appointing alternate members who may vote at any M.P.O.
 2729  meeting that an alternate member attends in place of a regular
 2730  member. The method must shall be set forth as a part of the
 2731  interlocal agreement describing the M.P.O.’s membership or in
 2732  the M.P.O.’s operating procedures and bylaws. The governmental
 2733  entity so designated shall appoint the appropriate number of
 2734  members to the M.P.O. from eligible officials. Representatives
 2735  of the department shall serve as nonvoting advisors members of
 2736  the M.P.O. governing board. Additional nonvoting advisers may be
 2737  appointed by the M.P.O. as deemed necessary; however, to the
 2738  maximum extent feasible, each M.P.O. shall seek to appoint
 2739  nonvoting representatives of various multimodal forms of
 2740  transportation not otherwise represented by voting members of
 2741  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 2742  representing major military installations located within the
 2743  jurisdictional boundaries of the M.P.O. upon the request of the
 2744  aforesaid major military installations and subject to the
 2745  agreement of the M.P.O. All nonvoting advisers may attend and
 2746  participate fully in governing board meetings but may shall not
 2747  have a vote and may shall not be members of the governing board.
 2748  The Governor shall review the composition of the M.P.O.
 2749  membership in conjunction with the decennial census as prepared
 2750  by the United States Department of Commerce, Bureau of the
 2751  Census, and reapportion it as necessary to comply with
 2752  subsection (3).
 2753         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
 2754  in cooperation with the state and affected public transportation
 2755  operators, develop a transportation improvement program for the
 2756  area within the jurisdiction of the M.P.O. In the development of
 2757  the transportation improvement program, each M.P.O. must provide
 2758  the public, affected public agencies, representatives of
 2759  transportation agency employees, freight shippers, providers of
 2760  freight transportation services, private providers of
 2761  transportation, representatives of users of public transit, and
 2762  other interested parties with a reasonable opportunity to
 2763  comment on the proposed transportation improvement program.
 2764         (b) Each M.P.O. annually shall prepare a list of project
 2765  priorities and shall submit the list to the appropriate district
 2766  of the department by October 1 of each year; however, the
 2767  department and a metropolitan planning organization may, in
 2768  writing, agree to vary this submittal date. Beginning with the
 2769  priority list submitted by October 1, 2013, if more than one
 2770  M.P.O. exists within an urbanized area or a transportation
 2771  management area designated by the Secretary of the United States
 2772  Department of Transportation, a single list of project
 2773  priorities shall be developed and approved by the M.P.O.s in the
 2774  urbanized area. The list of project priorities must be formally
 2775  reviewed by the technical and citizens’ advisory committees, and
 2776  approved by the M.P.O., before it is transmitted to the
 2777  district. The approved list of project priorities must be used
 2778  by the district in developing the district work program and must
 2779  be used by the M.P.O. in developing its transportation
 2780  improvement program. The annual list of project priorities must
 2781  be based upon project selection criteria that, at a minimum,
 2782  consider the following:
 2783         1. The approved M.P.O. long-range transportation plan;
 2784         2. The Strategic Intermodal System Plan developed under s.
 2785  339.64.
 2786         3. The priorities developed pursuant to s. 339.2819(4).
 2787         4. The results of the transportation management systems;
 2788  and
 2789         5. The M.P.O.’s public-involvement procedures.
 2790         Section 55. Subsections (1), (2), and (3) of section
 2791  339.2819, Florida Statutes, are amended to read:
 2792         339.2819 Transportation Regional Incentive Program.—
 2793         (1) The There is created within the Department of
 2794  Transportation a Transportation Regional Incentive Program is
 2795  created within the Department of Transportation for the purpose
 2796  of providing funds to improve regionally significant
 2797  transportation facilities in regional transportation areas
 2798  created pursuant to s. 339.155(4) 339.155(5).
 2799         (2) The percentage of matching funds provided from the
 2800  Transportation Regional Incentive Program shall provide matching
 2801  funds of up to be 50 percent of project costs.
 2802         (3) The department shall allocate funding available for the
 2803  Transportation Regional Incentive Program to the districts based
 2804  on a factor derived from equal parts of population and motor
 2805  fuel collections for eligible counties in regional
 2806  transportation areas created pursuant to s. 339.155(4)
 2807  339.155(5).
 2808         Section 56. Subsection (6) of section 339.285, Florida
 2809  Statutes, is amended to read:
 2810         339.285 Enhanced Bridge Program for Sustainable
 2811  Transportation.—
 2812         (6) Preference shall be given to bridge projects located on
 2813  corridors that connect to the Strategic Intermodal System,
 2814  created under s. 339.64, and that have been identified as
 2815  regionally significant in accordance with s. 339.155(4)(c)-(e)
 2816  339.155(5)(c), (d), and (e).
 2817         Section 57. Subsections (1) and (6) of section 339.62,
 2818  Florida Statutes, are amended to read:
 2819         339.62 System components.—The Strategic Intermodal System
 2820  shall consist of appropriate components of:
 2821         (1) Highway corridors The Florida Intrastate Highway System
 2822  established under s. 339.65 338.001.
 2823         (6) Other existing or planned corridors that serve a
 2824  statewide or interregional purpose.
 2825         Section 58. Subsection (2) of section 339.63, Florida
 2826  Statutes, is amended to read:
 2827         339.63 System facilities designated; additions and
 2828  deletions.—
 2829         (2) The Strategic Intermodal System and the Emerging
 2830  Strategic Intermodal System include the following five four
 2831  different types of facilities which that each form one component
 2832  of an interconnected transportation system which types include:
 2833         (a) Existing or planned hubs that are ports and terminals
 2834  including airports, seaports, spaceports, passenger terminals,
 2835  and rail terminals that serving to move goods or people between
 2836  Florida regions of the state or between this state Florida and
 2837  other markets in the United States and the rest of the world.
 2838         (b) Existing or planned corridors that are highways, rail
 2839  lines, waterways, and other exclusive-use facilities connecting
 2840  major markets within the state Florida or between this state
 2841  Florida and other states or nations.
 2842         (c) Existing or planned intermodal connectors that are
 2843  highways, rail lines, waterways or local public transit systems
 2844  that serve serving as connectors between the components listed
 2845  in paragraphs (a) and (b).
 2846         (d) Existing or planned military access facilities that are
 2847  highways or rail lines linking Strategic Intermodal System
 2848  corridors to the state’s strategic military installations.
 2849         (e)(d) Existing or planned facilities that significantly
 2850  improve the state’s competitive position to compete for the
 2851  movement of additional goods into and through this state.
 2852         Section 59. Section 339.64, Florida Statutes, is amended to
 2853  read:
 2854         339.64 Strategic Intermodal System Plan.—
 2855         (1) The department shall develop, in cooperation with
 2856  metropolitan planning organizations, regional planning councils,
 2857  local governments, the Statewide Intermodal Transportation
 2858  Advisory Council and other transportation providers, a Strategic
 2859  Intermodal System Plan. The plan must shall be consistent with
 2860  the Florida Transportation Plan developed pursuant to s. 339.155
 2861  and shall be updated at least once every 5 years, subsequent to
 2862  updates of the Florida Transportation Plan.
 2863         (2) In association with the continued development of the
 2864  Strategic Intermodal System Plan, the Florida Transportation
 2865  Commission, as part of its work program review process, shall
 2866  conduct an annual assessment of the progress that the department
 2867  and its transportation partners have made in realizing the goals
 2868  of economic development, improved mobility, and increased
 2869  intermodal connectivity of the Strategic Intermodal System. The
 2870  Florida Transportation Commission shall coordinate with the
 2871  department, the Statewide Intermodal Transportation Advisory
 2872  Council, and other appropriate entities when developing this
 2873  assessment. The Florida Transportation Commission shall deliver
 2874  a report to the Governor and Legislature within no later than 14
 2875  days after the regular session begins, with recommendations as
 2876  necessary to fully implement the Strategic Intermodal System.
 2877         (3)(a) During the development of updates to the Strategic
 2878  Intermodal System Plan, the department shall provide
 2879  metropolitan planning organizations, regional planning councils,
 2880  local governments, transportation providers, affected public
 2881  agencies, and citizens with an opportunity to participate in and
 2882  comment on the development of the update.
 2883         (b) The department also shall coordinate with federal,
 2884  regional, and local partners the planning for the Strategic
 2885  Highway Network and the Strategic Rail Corridor Network
 2886  transportation facilities that either are included in the
 2887  Strategic Intermodal System, or that provide a direct connection
 2888  between military installations and the Strategic Intermodal
 2889  System, with federal, regional, and local partners. In addition,
 2890  The department shall also coordinate with regional and local
 2891  partners to determine whether the road and other transportation
 2892  infrastructure that connect military installations to the
 2893  Strategic Intermodal System, the Strategic Highway Network, or
 2894  the Strategic Rail Corridor is regionally significant and should
 2895  be included in the Strategic Intermodal System Plan.
 2896         (4) The Strategic Intermodal System Plan must shall include
 2897  the following:
 2898         (a) A needs assessment.
 2899         (b) A project prioritization process.
 2900         (c) A map of facilities designated as Strategic Intermodal
 2901  System facilities; facilities that are emerging in importance
 2902  and that are likely to become part of the system in the future;
 2903  and planned facilities that will meet the established criteria.
 2904         (d) A finance plan based on reasonable projections of
 2905  anticipated revenues, including both 10-year and at least 20
 2906  year cost-feasible components.
 2907         (e) An assessment of the impacts of proposed improvements
 2908  to Strategic Intermodal System corridors on military
 2909  installations that are either located directly on the Strategic
 2910  Intermodal System or located on the Strategic Highway Network or
 2911  Strategic Rail Corridor Network.
 2912         (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
 2913         (a) The Statewide Intermodal Transportation Advisory
 2914  Council is created to advise and make recommendations to the
 2915  Legislature and the department on policies, planning, and
 2916  funding of intermodal transportation projects. The council’s
 2917  responsibilities shall include:
 2918         1. Advising the department on the policies, planning, and
 2919  implementation of strategies related to intermodal
 2920  transportation.
 2921         2. Providing advice and recommendations to the Legislature
 2922  on funding for projects to move goods and people in the most
 2923  efficient and effective manner for the State of Florida.
 2924         (b) MEMBERSHIP.—Members of the Statewide Intermodal
 2925  Transportation Advisory Council shall consist of the following:
 2926         1. Six intermodal industry representatives selected by the
 2927  Governor as follows:
 2928         a. One representative from an airport involved in the
 2929  movement of freight and people from their airport facility to
 2930  another transportation mode.
 2931         b. One individual representing a fixed-route, local
 2932  government transit system.
 2933         c. One representative from an intercity bus company
 2934  providing regularly scheduled bus travel as determined by
 2935  federal regulations.
 2936         d. One representative from a spaceport.
 2937         e. One representative from intermodal trucking companies.
 2938         f. One representative having command responsibilities of a
 2939  major military installation.
 2940         2. Three intermodal industry representatives selected by
 2941  the President of the Senate as follows:
 2942         a. One representative from major-line railroads.
 2943         b. One representative from seaports listed in s. 311.09(1)
 2944  from the Atlantic Coast.
 2945         c. One representative from an airport involved in the
 2946  movement of freight and people from their airport facility to
 2947  another transportation mode.
 2948         3. Three intermodal industry representatives selected by
 2949  the Speaker of the House of Representatives as follows:
 2950         a. One representative from short-line railroads.
 2951         b. One representative from seaports listed in s. 311.09(1)
 2952  from the Gulf Coast.
 2953         c. One representative from intermodal trucking companies.
 2954  In no event may this representative be employed by the same
 2955  company that employs the intermodal trucking company
 2956  representative selected by the Governor.
 2957         (c) Initial appointments to the council must be made no
 2958  later than 30 days after the effective date of this section.
 2959         1. The initial appointments made by the President of the
 2960  Senate and the Speaker of the House of Representatives shall
 2961  serve terms concurrent with those of the respective appointing
 2962  officer. Beginning January 15, 2005, and for all subsequent
 2963  appointments, council members appointed by the President of the
 2964  Senate and the Speaker of the House of Representatives shall
 2965  serve 2-year terms, concurrent with the term of the respective
 2966  appointing officer.
 2967         2. The initial appointees, and all subsequent appointees,
 2968  made by the Governor shall serve 2-year terms.
 2969         3. Vacancies on the council shall be filled in the same
 2970  manner as the initial appointments.
 2971         (d) Each member of the council shall be allowed one vote.
 2972  The council shall select a chair from among its membership.
 2973  Meetings shall be held at the call of the chair, but not less
 2974  frequently than quarterly. The members of the council shall be
 2975  reimbursed for per diem and travel expenses as provided in s.
 2976  112.061.
 2977         (e) The department shall provide administrative staff
 2978  support and shall ensure that council meetings are
 2979  electronically recorded. Such recordings and all documents
 2980  received, prepared for, or used by the council in conducting its
 2981  business shall be preserved pursuant to chapters 119 and 257.
 2982         Section 60. Section 339.65, Florida Statutes, is created to
 2983  read:
 2984         339.65Strategic Intermodal System highway corridors.—
 2985         (1) The department shall plan and develop Strategic
 2986  Intermodal System highway corridors, including limited and
 2987  controlled access facilities, allowing for high-speed and high
 2988  volume traffic movements within the state. The primary function
 2989  of the corridors is to provide for traffic movement. Access to
 2990  abutting land is subordinate to this function and must be
 2991  prohibited or highly regulated.
 2992         (2) Strategic Intermodal System highway corridors must
 2993  include facilities from the following components of the State
 2994  Highway System which meet the criteria adopted by the department
 2995  pursuant to s. 339.63:
 2996         (a) Interstate highways.
 2997         (b) The Florida Turnpike System.
 2998         (c) Interregional and intercity limited access facilities.
 2999         (d) Existing interregional and intercity arterial highways
 3000  previously upgraded or upgraded in the future to limited access
 3001  or controlled access facility standards.
 3002         (e) New limited access facilities necessary to complete a
 3003  balanced statewide system.
 3004         (3) The department shall adhere to the following policy
 3005  guidelines in the development of Strategic Intermodal System
 3006  highway corridors:
 3007         (a) Making capacity improvements to existing facilities, if
 3008  feasible, in order to minimize costs and environmental impacts.
 3009         (b) Identifying appropriate arterial highways in major
 3010  transportation corridors for inclusion in a program to bring
 3011  these facilities up to limited access or controlled access
 3012  facility standards.
 3013         (c) Coordinating proposed projects with appropriate limited
 3014  access projects undertaken by expressway authorities and local
 3015  governmental entities.
 3016         (d) Maximizing the use of limited access facility standards
 3017  when constructing new arterial highways.
 3018         (e) Identifying appropriate new limited access highways for
 3019  inclusion in the Florida Turnpike System.
 3020         (f) To the maximum extent feasible, ensuring that proposed
 3021  projects are consistent with approved local government
 3022  comprehensive plans of the local jurisdictions in which such
 3023  facilities are to be located and with the transportation
 3024  improvement program of any metropolitan planning organization
 3025  where such facilities are to be located.
 3026         (4) The department shall develop and maintain a plan of
 3027  Strategic Intermodal System highway corridor projects that are
 3028  anticipated to be let to contract for construction within a time
 3029  period of at least 20 years. The plan must also identify when
 3030  segments of the corridor will meet the standards and criteria
 3031  developed pursuant to subsection (5).
 3032         (5) The department shall establish the standards and
 3033  criteria for the functional characteristics and design of
 3034  facilities proposed as part of Strategic Intermodal System
 3035  highway corridors.
 3036         (6) For the purposes of developing the proposed Strategic
 3037  Intermodal System highway corridors, beginning in the 2012-2013
 3038  fiscal year and for each fiscal year thereafter, the minimum
 3039  amount allocated shall be based on the 2003-2004 fiscal year
 3040  allocation of $450 million adjusted annually by the change in
 3041  the Consumer Price Index for the prior fiscal year compared to
 3042  the Consumer Price Index for the 2003-2004 fiscal year.
 3043         (7) Any project to be constructed as part of a Strategic
 3044  Intermodal System highway corridor must be included in the
 3045  department’s adopted work program. Corridor projects that are
 3046  added to or deleted from the previous adopted work program, or
 3047  modifications to corridor projects contained in the previous
 3048  adopted work program, must be specifically identified and
 3049  submitted as a separate part of the tentative work program.
 3050         Section 61. Subsection (2) of section 341.053, Florida
 3051  Statutes, is amended to read:
 3052         341.053 Intermodal Development Program; administration;
 3053  eligible projects; limitations.—
 3054         (2) In recognition of the department’s role in the economic
 3055  development of this state, the department shall develop a
 3056  proposed intermodal development plan to connect Florida’s
 3057  airports, deepwater seaports, rail systems serving both
 3058  passenger and freight, and major intermodal connectors to the
 3059  Strategic Intermodal System highway corridors Florida Intrastate
 3060  Highway System facilities as the primary system for the movement
 3061  of people and freight in this state in order to make the
 3062  intermodal development plan a fully integrated and
 3063  interconnected system. The intermodal development plan must:
 3064         (a) Define and assess the state’s freight intermodal
 3065  network, including airports, seaports, rail lines and terminals,
 3066  intercity bus lines and terminals, and connecting highways.
 3067         (b) Prioritize statewide infrastructure investments,
 3068  including the acceleration of current projects, which are found
 3069  by the Freight Stakeholders Task Force to be priority projects
 3070  for the efficient movement of people and freight.
 3071         (c) Be developed in a manner that will assure maximum use
 3072  of existing facilities and optimum integration and coordination
 3073  of the various modes of transportation, including both
 3074  government-owned and privately owned resources, in the most
 3075  cost-effective manner possible.
 3076         Section 62. Section 341.840, Florida Statutes, is amended
 3077  to read:
 3078         341.840 Tax exemption.—
 3079         (1) The exercise of the powers granted by this act will be
 3080  in all respects for the benefit of the people of this state, for
 3081  the increase of their commerce, welfare, and prosperity, and for
 3082  the improvement of their health and living conditions. The
 3083  design, construction, operation, maintenance, and financing of a
 3084  high-speed rail system by the department authority, its agent,
 3085  or the owner or lessee thereof, as herein authorized,
 3086  constitutes the performance of an essential public function.
 3087         (2)(a) For the purposes of this section, the term
 3088  “department” “authority” does not include agents of the
 3089  department authority other than contractors who qualify as such
 3090  pursuant to subsection (7).
 3091         (b) For the purposes of this section, any item or property
 3092  that is within the definition of “associated development” in s.
 3093  341.8203(1) is shall not be considered to be part of the high
 3094  speed rail system as defined in s. 341.8203(3) 341.8203(6).
 3095         (3)(a) Purchases or leases of tangible personal property or
 3096  real property by the department authority, excluding agents of
 3097  the department authority, are exempt from taxes imposed by
 3098  chapter 212 as provided in s. 212.08(6). Purchases or leases of
 3099  tangible personal property that is incorporated into the high
 3100  speed rail system as a component part thereof, as determined by
 3101  the department authority, by agents of the department authority
 3102  or the owner of the high-speed rail system are exempt from sales
 3103  or use taxes imposed by chapter 212. Leases, rentals, or
 3104  licenses to use real property granted to agents of the
 3105  department authority or the owner of the high-speed rail system
 3106  are exempt from taxes imposed by s. 212.031 if the real property
 3107  becomes part of such system. The exemptions granted in this
 3108  subsection do not apply to sales, leases, or licenses by the
 3109  department authority, agents of the department authority, or the
 3110  owner of the high-speed rail system.
 3111         (b) The exemption granted in paragraph (a) to purchases or
 3112  leases of tangible personal property by agents of the department
 3113  authority or by the owner of the high-speed rail system applies
 3114  only to property that becomes a component part of such system.
 3115  It does not apply to items, including, but not limited to,
 3116  cranes, bulldozers, forklifts, other machinery and equipment,
 3117  tools and supplies, or other items of tangible personal property
 3118  used in the construction, operation, or maintenance of the high
 3119  speed rail system if when such items are not incorporated into
 3120  the high-speed rail system as a component part thereof.
 3121         (4) Any bonds or other security, and all notes, mortgages,
 3122  security agreements, letters of credit, or other instruments
 3123  that arise out of or are given to secure the repayment of bonds
 3124  or other security, issued by the department authority, or on
 3125  behalf of the department authority, their transfer, and the
 3126  income therefrom, including any profit made on the sale thereof,
 3127  is shall at all times be free from taxation of every kind by the
 3128  state, the counties, and the municipalities and other political
 3129  subdivisions in the state. This subsection, However, does not
 3130  exempt from taxation or assessment the leasehold interest of a
 3131  lessee in any project or any other property or interest owned by
 3132  the lessee is not exempt from taxation or assessment. The
 3133  exemption granted by this subsection does is not apply
 3134  applicable to any tax imposed by chapter 220 on interest income
 3135  or profits on the sale of debt obligations owned by
 3136  corporations.
 3137         (5) If When property of the department authority is leased
 3138  to another person or entity, the property is shall be exempt
 3139  from ad valorem taxation only if the use by the lessee qualifies
 3140  the property for exemption under s. 196.199.
 3141         (6) A leasehold interest held by the department authority
 3142  is not subject to intangible tax. However, if the a leasehold
 3143  interest held by the authority is subleased to a nongovernmental
 3144  lessee, the such subleasehold interest is shall be deemed to be
 3145  an interest described in s. 199.023(1)(d), Florida Statutes
 3146  2005, and is subject to the intangible tax.
 3147         (7)(a) In order to be considered an agent of the department
 3148  authority for purposes of the exemption from sales and use tax
 3149  granted by subsection (3) for tangible personal property
 3150  incorporated into the high-speed rail system, a contractor of
 3151  the department authority that purchases or fabricates such
 3152  tangible personal property must be certified by the department
 3153  authority as provided in this subsection.
 3154         (b)1. A contractor must apply for a renewal of the
 3155  exemption by not later than December 1 of each calendar year.
 3156         2. A contractor must apply to the department authority on
 3157  the application form developed by the department adopted by the
 3158  authority, which shall develop the form in consultation with the
 3159  Department of Revenue, and adopted by department rule.
 3160         3. The department authority shall review each submitted
 3161  application and determine whether it is complete. The department
 3162  authority shall notify the applicant of any deficiencies in the
 3163  application within 30 days. Upon receipt of a completed
 3164  application, the department authority shall evaluate the
 3165  application for exemption under this subsection and issue a
 3166  certification that the contractor is qualified to act as an
 3167  agent of the department authority for purposes of this section
 3168  or a denial of such certification within 30 days. The department
 3169  authority shall provide the Department of Revenue with a copy of
 3170  each certification issued upon approval of an application. Upon
 3171  receipt of a certification from the department authority, the
 3172  Department of Revenue shall issue an exemption permit to the
 3173  contractor.
 3174         (c)1. The contractor may extend a copy of its exemption
 3175  permit to its vendors in lieu of paying sales tax on purchases
 3176  of tangible personal property which qualify qualifying for
 3177  exemption under this section. Possession of a copy of the
 3178  exemption permit relieves the seller of the responsibility for
 3179  of collecting tax on the sale, and the Department of Revenue
 3180  shall look solely to the contractor for recovery of tax upon
 3181  determining a determination that the contractor was not entitled
 3182  to the exemption.
 3183         2. The contractor may extend a copy of its exemption permit
 3184  to real property subcontractors supplying and installing
 3185  tangible personal property that is exempt under subsection (3).
 3186  Any such subcontractor may is authorized to extend a copy of the
 3187  permit to the subcontractor’s vendors in order to purchase
 3188  qualifying tangible personal property tax-exempt. If the
 3189  subcontractor uses the exemption permit to purchase tangible
 3190  personal property that is determined not to qualify for
 3191  exemption under subsection (3), the Department of Revenue may
 3192  assess and collect any tax, penalties, and interest that are due
 3193  from either the contractor holding the exemption permit or the
 3194  subcontractor that extended the exemption permit to the seller.
 3195         (d) A Any contractor authorized to act as an agent of the
 3196  department authority under this section shall maintain the
 3197  necessary books and records to document the exempt status of
 3198  purchases and fabrication costs made or incurred under the
 3199  permit. In addition, An authorized contractor extending its
 3200  exemption permit to its subcontractors shall also maintain a
 3201  copy of the subcontractor’s books, records, and invoices
 3202  indicating all purchases made by the subcontractor under the
 3203  authorized contractor’s permit. If, in an audit conducted by the
 3204  Department of Revenue, it is determined that tangible personal
 3205  property purchased or fabricated claiming exemption under this
 3206  section does not meet the criteria for exemption, the amount of
 3207  taxes not paid at the time of purchase or fabrication are shall
 3208  be immediately due and payable to the Department of Revenue,
 3209  together with the appropriate interest and penalty, computed
 3210  from the date of purchase, in the manner prescribed under by
 3211  chapter 212.
 3212         (e) If a contractor fails to apply for a high-speed rail
 3213  system exemption permit, or if a contractor initially determined
 3214  by the department authority to not qualify for exemption is
 3215  subsequently determined to be eligible, the contractor shall
 3216  receive the benefit of the exemption in this subsection through
 3217  a refund of previously paid taxes for transactions that
 3218  otherwise would have been exempt. A refund may not be made for
 3219  such taxes without the issuance of a certification by the
 3220  department authority that the contractor was authorized to make
 3221  purchases tax-exempt and a determination by the Department of
 3222  Revenue that the purchases qualified for the exemption.
 3223         (f) The department authority may adopt rules governing the
 3224  application process for exemption of a contractor as an
 3225  authorized agent of the department authority.
 3226         (g) The Department of Revenue may adopt rules governing the
 3227  issuance and form of high-speed rail system exemption permits,
 3228  the audit of contractors and subcontractors using such permits,
 3229  the recapture of taxes on nonqualified purchases, and the manner
 3230  and form of refund applications.
 3231         Section 63. Subsection (3) of section 343.52, Florida
 3232  Statutes, is amended to read:
 3233         343.52 Definitions.—As used in this part, the term:
 3234         (3) “Area served” means Miami-Dade, Broward, and Palm Beach
 3235  Counties. However, this area may be expanded by mutual consent
 3236  of the authority and the board of county commissioners
 3237  representing the proposed expansion area.
 3238         Section 64. Section 343.53, Florida Statutes, is amended to
 3239  read:
 3240         343.53 South Florida Regional Transportation Authority.—
 3241         (1) There is created and established a body politic and
 3242  corporate, an agency of the state, to be known as The South
 3243  Florida Regional Transportation Authority, hereinafter referred
 3244  to as the “authority,.a body politic and corporate and agency
 3245  of the state, is created.
 3246         (2) The governing board of the authority consists of seven
 3247  shall consist of nine voting members, as follows:
 3248         (a) The county commissions of Miami-Dade, Broward, and Palm
 3249  Beach Counties shall each elect a commissioner as that
 3250  commission’s representative on the board. The commissioner must
 3251  be a member of the county commission when elected and for the
 3252  full extent of his or her term.
 3253         (b) The county commissions of Miami-Dade, Broward, and Palm
 3254  Beach Counties shall each appoint a citizen member to the board
 3255  who is not a member of the county commission but who is a
 3256  resident of the county from which he or she is appointed and a
 3257  qualified elector of that county. Insofar as practicable, the
 3258  citizen member shall represent the business and civic interests
 3259  of the community.
 3260         (b)(c) The Secretary of the Department of Transportation
 3261  shall appoint one of the district secretaries, or his or her
 3262  designee, to represent for the districts within which the area
 3263  served by the South Florida Regional Transportation Authority is
 3264  located.
 3265         (d) If the authority’s service area is expanded pursuant to
 3266  s. 343.54(5), the county containing the new service area shall
 3267  have three members appointed to the board as follows:
 3268         1. The county commission of the county shall elect a
 3269  commissioner as that commission’s representative on the board.
 3270  The commissioner must be a member of the county commission when
 3271  elected and for the full extent of his or her term.
 3272         2. The county commission of the county shall appoint a
 3273  citizen member to the board who is not a member of the county
 3274  commission but who is a resident and a qualified elector of that
 3275  county. Insofar as is practicable, the citizen member shall
 3276  represent the business and civic interests of the community.
 3277         3. The Governor shall appoint a citizen member to the board
 3278  who is not a member of the county commission but who is a
 3279  resident and a qualified elector of that county.
 3280         (c)(e) The Governor shall appoint three two members to the
 3281  board who are residents and qualified electors in the area
 3282  served by the authority but who are not residents of the same
 3283  county and also not residents of the county in which the
 3284  district secretary who was appointed pursuant to paragraph (c)
 3285  is a resident.
 3286         (3)(a) Members of the governing board of the authority
 3287  shall be appointed to serve 4-year staggered terms, except that
 3288  the terms of the Governor’s appointees of the Governor shall be
 3289  concurrent.
 3290         (b) The terms of the board members currently serving on the
 3291  authority that is being succeeded by this act shall expire July
 3292  30, 2003, at which time the terms of the members appointed
 3293  pursuant to subsection (2) shall commence. The Governor shall
 3294  make his or her appointments to the board within 30 days after
 3295  July 30, 2003.
 3296         (4) A vacancy during a term shall be filled by the
 3297  respective appointing authority in the same manner as the
 3298  original appointment and only for the balance of the unexpired
 3299  term.
 3300         (5) The members of the authority shall serve without
 3301  compensation, but are entitled to reimbursement for travel
 3302  expenses actually incurred in their duties as provided under s.
 3303  112.061 by law.
 3304         Section 65. Present subsections (5), (6), and (7) of
 3305  section 349.04, Florida Statutes, are redesignated as
 3306  subsections (6), (7), and (8), respectively, and a new
 3307  subsection (5) is added to that section, to read:
 3308         349.04 Purposes and powers.—
 3309         (5) The authority may conduct public meetings and workshops
 3310  by means of communications media technology as provided under s.
 3311  120.54(5).
 3312         Section 66. Subsection (6) is added to section 373.413,
 3313  Florida Statutes, to read:
 3314         373.413 Permits for construction or alteration.—
 3315         (6) It is the intent of the Legislature that the governing
 3316  board or the department exercise flexibility when permitting the
 3317  construction or alteration of stormwater management systems
 3318  serving state transportation projects and facilities. Because of
 3319  the unique limitations of linear facilities, the governing board
 3320  or department shall balance the expenditure of public funds for
 3321  stormwater treatment for state transportation projects and
 3322  facilities with the public benefit of providing the most cost
 3323  efficient and effective method of achieving treatment
 3324  objectives. The governing board or department shall therefore
 3325  allow alternatives to on-site treatment, including, but not
 3326  limited to, regional stormwater treatment systems. The
 3327  Department of Transportation is responsible for treating
 3328  stormwater generated from state transportation projects, but is
 3329  not responsible for the abatement of pollutants and flows
 3330  entering its stormwater management systems from offsite sources.
 3331  However, this subsection does not prohibit the Department of
 3332  Transportation from receiving and managing such pollutants and
 3333  flows if cost-effective and prudent. The Department of
 3334  Transportation is also responsible for providing stormwater
 3335  treatment and attenuation for a right-of-way acquired for a
 3336  state transportation project, but is not responsible for
 3337  modifying permits for adjacent lands affected by right-of-way
 3338  acquisition if it is not the permittee. The governing board or
 3339  department may establish specific criteria by rule to implement
 3340  these management and treatment alternatives and activities.
 3341         Section 67. Subsections (1) and (2), paragraph (c) of
 3342  subsection (3), subsections (4) and (5) of section 373.4137,
 3343  Florida Statutes, are amended to read:
 3344         373.4137 Mitigation requirements for specified
 3345  transportation projects.—
 3346         (1) The Legislature finds that environmental mitigation for
 3347  the impact of transportation projects proposed by the Department
 3348  of Transportation or a transportation authority established
 3349  pursuant to chapter 348 or chapter 349 can be more effectively
 3350  achieved by regional, long-range mitigation planning rather than
 3351  on a project-by-project basis. It is therefore the intent of the
 3352  Legislature that mitigation, including the use of mitigation
 3353  banks and other mitigation options that satisfy state and
 3354  federal requirements, to offset the adverse effects of these
 3355  transportation projects be funded by the Department of
 3356  Transportation and be carried out by the water management
 3357  districts, including the use of mitigation banks established
 3358  pursuant to this part.
 3359         (2) Environmental impact inventories for transportation
 3360  projects proposed by the Department of Transportation or a
 3361  transportation authority established pursuant to chapter 348 or
 3362  chapter 349 shall be developed as follows:
 3363         (a) By July 1 of each year, the Department of
 3364  Transportation, or a transportation authority established
 3365  pursuant to chapter 348 or chapter 349 which chooses to
 3366  participate in the program, shall submit to the water management
 3367  districts a list copy of its projects for the adopted work
 3368  program and an environmental impact inventory of habitats
 3369  addressed in the rules adopted pursuant to this part and s. 404
 3370  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
 3371  by its plan of construction for transportation projects in the
 3372  next 3 years of the tentative work program. The Department of
 3373  Transportation or the a transportation authority established
 3374  pursuant to chapter 348 or chapter 349 may also include in its
 3375  environmental impact inventory the habitat impacts of any future
 3376  transportation project. The Department of Transportation and the
 3377  each transportation authority established pursuant to chapter
 3378  348 or chapter 349 may fund any mitigation activities for future
 3379  projects using current year funds.
 3380         (b) The environmental impact inventory must shall include a
 3381  description of these habitat impacts, including their location,
 3382  acreage, and type; state water quality classification of
 3383  impacted wetlands and other surface waters; any other state or
 3384  regional designations for these habitats; and a list survey of
 3385  threatened species, endangered species, and species of special
 3386  concern affected by the proposed project.
 3387         (3)
 3388         (c) Except for current mitigation projects in the
 3389  monitoring and maintenance phase and except as allowed by
 3390  paragraph (d), the water management districts may request a
 3391  transfer of funds from an escrow account no sooner than 30 days
 3392  before prior to the date the funds are needed to pay for
 3393  activities associated with development or implementation of the
 3394  approved mitigation plan described in subsection (4) for the
 3395  current fiscal year, including, but not limited to, design,
 3396  engineering, production, and staff support. Actual conceptual
 3397  plan preparation costs incurred before plan approval may be
 3398  submitted to the Department of Transportation or the appropriate
 3399  transportation authority each year with the plan. The conceptual
 3400  plan preparation costs of each water management district shall
 3401  will be paid from mitigation funds associated with the
 3402  environmental impact inventory for the current year. The amount
 3403  transferred to the escrow accounts each year by the Department
 3404  of Transportation and participating transportation authorities
 3405  established pursuant to chapter 348 or chapter 349 must shall
 3406  correspond to a cost per acre of $75,000 multiplied by the
 3407  projected acres of impact identified in the environmental impact
 3408  inventory described in subsection (2). However, the $75,000 cost
 3409  per acre does not constitute an admission against interest by
 3410  the state or its subdivisions nor is the cost admissible as
 3411  evidence of full compensation for any property acquired by
 3412  eminent domain or through inverse condemnation. Each July 1, the
 3413  cost per acre shall be adjusted by the percentage change in the
 3414  average of the Consumer Price Index issued by the United States
 3415  Department of Labor for the most recent 12-month period ending
 3416  September 30, compared to the base year average, which is the
 3417  average for the 12-month period ending September 30, 1996. Each
 3418  quarter, the projected acreage of impact shall be reconciled
 3419  with the acreage of impact of projects as permitted, including
 3420  permit modifications, pursuant to this part and s. 404 of the
 3421  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
 3422  of funds shall be adjusted accordingly to reflect the acreage of
 3423  impacts as permitted. The Department of Transportation and
 3424  participating transportation authorities established pursuant to
 3425  chapter 348 or chapter 349 may are authorized to transfer such
 3426  funds from the escrow accounts to the water management districts
 3427  to carry out the mitigation programs. Environmental mitigation
 3428  funds that are identified for or maintained in an escrow account
 3429  for the benefit of a water management district may be released
 3430  if the associated transportation project is excluded, in whole
 3431  or in part, from the mitigation plan. For a mitigation project
 3432  that is in the maintenance and monitoring phase, the water
 3433  management district may request and receive a one-time payment
 3434  based on the project’s expected future maintenance and
 3435  monitoring costs. Upon disbursement of the final maintenance and
 3436  monitoring payment, the obligation of the Department of
 3437  Transportation or the participating transportation authority is
 3438  satisfied, the escrow account for the project established by the
 3439  Department of Transportation or the participating transportation
 3440  authority may be closed, and the water management district
 3441  assumes continuing responsibility for the mitigation project.
 3442  Any interest earned on these disbursed funds remains shall
 3443  remain with the water management district and must be used as
 3444  authorized under this section.
 3445         (4) Before Prior to March 1 of each year, each water
 3446  management district, in consultation with the Department of
 3447  Environmental Protection, the United States Army Corps of
 3448  Engineers, the Department of Transportation, participating
 3449  transportation authorities established under pursuant to chapter
 3450  348 or chapter 349, and other appropriate federal, state, and
 3451  local governments, and other interested parties, including
 3452  entities operating mitigation banks, shall develop a plan for
 3453  the primary purpose of complying with the mitigation
 3454  requirements adopted pursuant to this part and 33 U.S.C. s.
 3455  1344. In developing such plans, the districts shall use utilize
 3456  sound ecosystem management practices to address significant
 3457  water resource needs and shall focus on activities of the
 3458  Department of Environmental Protection and the water management
 3459  districts, such as surface water improvement and management
 3460  (SWIM) projects and lands identified for potential acquisition
 3461  for preservation, restoration or enhancement, and the control of
 3462  invasive and exotic plants in wetlands and other surface waters,
 3463  to the extent that such activities comply with the mitigation
 3464  requirements adopted under this part and 33 U.S.C. s. 1344. In
 3465  determining the activities to be included in such plans, the
 3466  districts shall also consider the purchase of credits from
 3467  public or private mitigation banks permitted under s. 373.4136
 3468  and associated federal authorization and shall include such
 3469  purchase as a part of the mitigation plan if when such purchase
 3470  offsets would offset the impact of the transportation project,
 3471  provide equal benefits to the water resources than other
 3472  mitigation options being considered, and provide the most cost
 3473  effective mitigation option. The mitigation plan shall be
 3474  submitted to the water management district governing board, or
 3475  its designee, for review and approval. At least 14 days before
 3476  prior to approval, the water management district shall provide a
 3477  copy of the draft mitigation plan to any person who requests has
 3478  requested a copy.
 3479         (a) For each transportation project with a funding request
 3480  for the next fiscal year, the mitigation plan must include a
 3481  brief explanation of why a mitigation bank was or was not chosen
 3482  as a mitigation option, including an estimation of identifiable
 3483  costs of the mitigation bank and nonbank options to the extent
 3484  practicable.
 3485         (b) Specific projects may be excluded from the mitigation
 3486  plan, in whole or in part, and are shall not be subject to this
 3487  section upon the election agreement of the Department of
 3488  Transportation, or a transportation authority if applicable, or
 3489  and the appropriate water management district that the inclusion
 3490  of such projects would hamper the efficiency or timeliness of
 3491  the mitigation planning and permitting process. The water
 3492  management district may choose to exclude a project in whole or
 3493  in part if the district is unable to identify mitigation that
 3494  would offset impacts of the project.
 3495         (5) The water management district must ensure shall be
 3496  responsible for ensuring that mitigation requirements under
 3497  pursuant to 33 U.S.C. s. 1344 are met for the impacts identified
 3498  in the environmental impact inventory described in subsection
 3499  (2), by implementation of the approved plan described in
 3500  subsection (4) to the extent funding is provided by the
 3501  Department of Transportation, or a transportation authority
 3502  established pursuant to chapter 348 or chapter 349, if
 3503  applicable. During the federal permitting process, the water
 3504  management district may deviate from the approved mitigation
 3505  plan in order to comply with federal permitting requirements.
 3506         Section 68. Paragraph (a) of subsection (2) of section
 3507  403.7211, Florida Statutes, is amended to read:
 3508         403.7211 Hazardous waste facilities managing hazardous
 3509  wastes generated offsite; federal facilities managing hazardous
 3510  waste.—
 3511         (2) The department shall not issue any permit under s.
 3512  403.722 for the construction, initial operation, or substantial
 3513  modification of a facility for the disposal, storage, or
 3514  treatment of hazardous waste generated offsite which is proposed
 3515  to be located in any of the following locations:
 3516         (a) Any area where life-threatening concentrations of
 3517  hazardous substances could accumulate at a any residence or
 3518  residential subdivision as the result of a catastrophic event at
 3519  the proposed facility, unless each such residence or residential
 3520  subdivision is served by at least one arterial road or urban
 3521  minor arterial road, as defined in s. 334.03, using procedures
 3522  developed by the Federal Highway Administration, which provides
 3523  safe and direct egress by land to an area where such life
 3524  threatening concentrations of hazardous substances could not
 3525  accumulate in a catastrophic event. Egress by any road leading
 3526  from any residence or residential subdivision to any point
 3527  located within 1,000 yards of the proposed facility is unsafe
 3528  for the purposes of this paragraph. In determining whether
 3529  egress proposed by the applicant is safe and direct, the
 3530  department shall also consider, at a minimum, the following
 3531  factors:
 3532         1. Natural barriers such as water bodies, and whether a any
 3533  road in the proposed evacuation route is impaired by a natural
 3534  barrier such as a water body;
 3535         2. Potential exposure during egress and potential increases
 3536  in the duration of exposure;
 3537         3. Whether any road in a proposed evacuation route passes
 3538  in close proximity to the facility; and
 3539         4. Whether any portion of the evacuation route is
 3540  inherently directed toward the facility.
 3541  
 3542  For the purposes of this subsection, all distances shall be
 3543  measured from the outer limit of the active hazardous waste
 3544  management area. “Substantial modification” includes: any
 3545  physical change in, change in the operations of, or addition to
 3546  a facility which could increase the potential offsite impact, or
 3547  risk of impact, from a release at that facility; and any change
 3548  in permit conditions which is reasonably expected to lead to
 3549  greater potential impacts or risks of impacts, from a release at
 3550  that facility. “Substantial modification” does not include a
 3551  change in operations, structures, or permit conditions which
 3552  does not substantially increase either the potential impact
 3553  from, or the risk of, a release. Physical or operational changes
 3554  to a facility related solely to the management of nonhazardous
 3555  waste at the facility shall not be considered a substantial
 3556  modification. The department shall, by rule, adopt criteria to
 3557  determine whether a facility has been substantially modified.
 3558  “Initial operation” means the initial commencement of operations
 3559  at the facility.
 3560         Section 69. Section 479.28, Florida Statutes, is repealed.
 3561         Section 70. The Department of Transportation may seek
 3562  Federal Highway Administration approval of a tourist-oriented
 3563  commerce sign pilot program for small businesses, as defined in
 3564  s. 288.703, Florida Statutes, in a rural area of critical
 3565  economic concern as defined by s. 288.0656(2)(d) and (e),
 3566  Florida Statutes. Upon federal approval, the department shall
 3567  submit the pilot program for legislative approval in the next
 3568  regular legislative session.
 3569         Section 71. It is the intent of the Legislature to
 3570  encourage and facilitate a review by the Pinellas Suncoast
 3571  Transit Authority (PSTA) and the Hillsborough Area Regional
 3572  Transit Authority (HART) in order to achieve improvements in
 3573  regional transit connectivity and implementation of operational
 3574  efficiencies and service enhancements that are consistent with
 3575  the regional approach to transit identified in the Tampa Bay
 3576  Area Regional Transportation Authority’s (TBARTA’s) Regional
 3577  Transportation Master Plan. The Legislature finds that such
 3578  improvements and efficiencies can best be achieved through a
 3579  joint review, evaluation, and recommendations by PSTA and HART.
 3580         (1) The governing bodies of the PSTA and HART shall hold a
 3581  joint meeting within 30 days after the effective date of this
 3582  act, and at least every 45 days thereafter, in order to consider
 3583  and identify opportunities for greater efficiency and service
 3584  improvements, including specific methods for increasing service
 3585  connectivity between the jurisdictions of each agency. The
 3586  elements to be reviewed must also include:
 3587         (a) Governance structure, including governing board
 3588  membership, terms, responsibilities, officers, powers, duties,
 3589  and responsibilities;
 3590         (b) Funding options and implementation;
 3591         (c) Facilities ownership and management;
 3592         (d) Current financial obligations and resources; and
 3593         (e) Actions to be taken that are consistent with TBARTA’s
 3594  master plan.
 3595         (2) PSTA and HART shall jointly submit a report to the
 3596  Speaker of the House of Representatives and the President of the
 3597  Senate on the elements described in this section by February 1,
 3598  2013. The report must include proposed legislation to implement
 3599  each recommendation and specific recommendations concerning the
 3600  reorganization of each agency, the organizational merger of both
 3601  agencies, or the consolidation of functions within and between
 3602  each agency.
 3603         (3) TBARTA shall assist and facilitate PSTA and HART in
 3604  carrying out the purposes of this section. TBARTA shall provide
 3605  technical assistance and information regarding its master plan,
 3606  make recommendations for achieving consistency and improved
 3607  regional connectivity, and provide support to PSTA and HART in
 3608  the preparation of their joint report and recommendations to the
 3609  Legislature. For this purpose, PSTA and HART shall reimburse
 3610  TBARTA for necessary and reasonable expense in a total amount
 3611  not to exceed $100,000.
 3612         Section 72. This act shall take effect July 1, 2012.